Articlewill.i.am's #Willpower Trademark Application Rejectedwill.i.am's trademark application for #Willpower has received a final refusal by the Trademark Trial and Appeal Board ("TTAB"). United StatesIntellectual PropertyKlein Moynihan Turco LLP
ArticleClass Certification Sought In TCPA CaseIn a case pending before the United States District Court for the Northern District of California, the putative class representative has asked the Court ...United StatesLitigation, Mediation & ArbitrationKlein Moynihan Turco LLP
ArticleCalifornia To Legalize Sports Gambling?In the wake of the landmark Supreme Court decision striking the Professional and Amateur Sports Protection Act (PASPA), Assemblyman Adam Gray has announced his intention to move forward...United StatesMedia, Telecoms, IT, EntertainmentKlein Moynihan Turco LLP
VideoConsumer Financial Protection Bureau Targets Sprint For Illegal CrammingOn December 17, 2014, the Consumer Financial Protection Bureau ("CFPB") filed a lawsuit against Sprint Corporation ("Sprint") alleging that Sprint illegally crammed third-party charges on its customers' cellular telephone bills. United StatesMedia, Telecoms, IT, EntertainmentKlein Moynihan Turco LLP
ArticleCourts Split Over Definition Of "Autodialer" Under TCPAThis blog recently discussed a split in the courts over the definition of an automatic telephone dialing system ("ATDS") under the Telephone Consumer Protection Act ("TCPA"). United StatesMedia, Telecoms, IT, EntertainmentKlein Moynihan Turco LLP
ArticleFTC Investigation Results In $774,755 In Consumer RefundsThe Federal Trade Commission ("FTC") has settled an investigation into the business practices of A.S. Research, LLC ("A.S. Research) for allegedly making false...United StatesMedia, Telecoms, IT, EntertainmentKlein Moynihan Turco LLP
ArticleL’Oreal Settles Deceptive Advertising Suit With The Federal Trade CommissionOn June 30, 2014, the Federal Trade Commission announced that it had entered into a settlement with cosmetic manufacturer L’Oreal USA.United StatesMedia, Telecoms, IT, EntertainmentKlein Moynihan Turco LLP
ArticleNight Club Accused Of TCPA Text Messaging ViolationsA nationwide class action lawsuit alleging violations of federal text messaging law has been filed in the United States District Court for the Southern District of Florida ...United StatesMedia, Telecoms, IT, EntertainmentKlein Moynihan Turco LLP
ArticleNinth Circuit Outlines TCPA Vicarious Liability StandardOn July 2, 2014, the United States Court of Appeals for the Ninth Circuit issued a ruling outlining the vicarious liability pleading standard under the Telephone Consumer Protection Act ("TCPA"). United StatesMedia, Telecoms, IT, EntertainmentKlein Moynihan Turco LLP
ArticlePapa John's Sued For Alleged Unauthorized Website RecordingA hot button topic for any company conducting business in the digital marketing industry is the matter of consumer consent. Whether businesses successfully obtain the requisite consumer consent...United StatesMedia, Telecoms, IT, EntertainmentKlein Moynihan Turco LLP
ArticleSEC Issues Warning To Social Media Influencers Endorsing CryptocurrenciesLast week, the U.S. Securities and Exchange Commission ("SEC" or "Commission") issued a statement questioning the marketing practices of certain cryptocurrency companies...United StatesMedia, Telecoms, IT, EntertainmentKlein Moynihan Turco LLP
ArticleTCPA Fax Class Action Lawsuit DismissedA fax class action lawsuit in the United States District Court for the Eastern District of Missouri brought under TCPA against various marketing entities and their respective individual owners...United StatesMedia, Telecoms, IT, EntertainmentKlein Moynihan Turco LLP
ArticleWhat Is An Advertisement In A TCPA Fax Case?The United States District Court for the Western District of New York recently issued a decision interpreting the Telephone Consumer Protection Act ("TCPA") with respect to whether a fax transmission violated the statute. United StatesMedia, Telecoms, IT, EntertainmentKlein Moynihan Turco LLP
ArticleCritical Element Missing From Pixel Tracking LawsuitA Florida federal judge denied class certification and dismissed a pixel tracking lawsuit against an online veterinary pharmacy, ruling that plaintiffs lacked Article III standing because they had no privacy interest in the information collected. The decision provides important insights for e-commerce companies navigating the complex landscape of third-party pixel tracking technology and federal and state wiretapping laws. United StatesPrivacyKlein Moynihan Turco LLP
ArticleNot Going To California – Wiretap Claims DismissedA California federal court recently dismissed wiretapping claims against AutoNation, ruling that the defendant lacked sufficient connection to California to establish personal jurisdiction.United StatesPrivacyKlein Moynihan Turco LLP
ArticleEmail Tracking CIPA Wiretapping Victory!Although the California Invasion of Privacy Act ("CIPA") lawsuit train shows no signs of slowing down, a California federal judge recently derailed a CIPA email tracking lawsuit when it dismissed claims...United StatesMedia, Telecoms, IT, EntertainmentKlein Moynihan Turco LLP
ArticleNinth Circuit Judge Questions Continued Viability Of Internet Wiretapping ClaimsReaders of this blog may recall a piece in which we discussed an unfavorable Ninth Circuit California Invasion of Privacy Act ("CIPA") internet wiretapping decision.United StatesMedia, Telecoms, IT, EntertainmentKlein Moynihan Turco LLP
ArticleFTC To Hold Automatic Renewal Rule HearingOn January 16, 2024, the Federal Trade Commission ("FTC") will hold a virtual informal hearing on proposed amendments to its current automatic renewal rules.United StatesAntitrust/Competition LawKlein Moynihan Turco LLP
ArticleTCPA Text Class Action Against Wolf Of Wall Street DismissedOn December 27, 2022, Judge Aileen Cannon of the Southern District of Florida entered an order dismissing the First Amended Complaint in Stephen Muccio v. Global Motivation, Inc. and Jordan...United StatesConsumer ProtectionKlein Moynihan Turco LLP
ArticleCoachella, Trademark Lawyers Want "Filmchella" Organizer Held In ContemptLast week, the trademark lawyers for Coachella Music Festival, LLC and the famous music and arts festival's producer, Goldenvoice, LLC (collectively, "Coachella"), asked a Los Angeles federal district court ...United StatesIntellectual PropertyKlein Moynihan Turco LLP