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  • Article

    will.i.am's #Willpower Trademark Application Rejected

    will.i.am's trademark application for #Willpower has received a final refusal by the Trademark Trial and Appeal Board ("TTAB").
    United StatesIntellectual Property
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    Class Certification Sought In TCPA Case

    In 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 & Arbitration
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    California 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, Entertainment
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Video

    Consumer Financial Protection Bureau Targets Sprint For Illegal Cramming

    On 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, Entertainment
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    Courts Split Over Definition Of "Autodialer" Under TCPA

    This 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, Entertainment
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    FTC Investigation Results In $774,755 In Consumer Refunds

    The 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, Entertainment
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    L’Oreal Settles Deceptive Advertising Suit With The Federal Trade Commission

    On 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, Entertainment
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    Night Club Accused Of TCPA Text Messaging Violations

    A 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, Entertainment
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    Ninth Circuit Outlines TCPA Vicarious Liability Standard

    On 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, Entertainment
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    Papa John's Sued For Alleged Unauthorized Website Recording

    A 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, Entertainment
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    SEC Issues Warning To Social Media Influencers Endorsing Cryptocurrencies

    Last 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, Entertainment
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    TCPA Fax Class Action Lawsuit Dismissed

    A 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, Entertainment
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    What 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, Entertainment
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    Critical Element Missing From Pixel Tracking Lawsuit

    A 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 StatesPrivacy
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    Not Going To California – Wiretap Claims Dismissed

    A California federal court recently dismissed wiretapping claims against AutoNation, ruling that the defendant lacked sufficient connection to California to establish personal jurisdiction.
    United StatesPrivacy
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    Email 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, Entertainment
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    Ninth Circuit Judge Questions Continued Viability Of Internet Wiretapping Claims

    Readers 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, Entertainment
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    FTC To Hold Automatic Renewal Rule Hearing

    On 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 Law
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    TCPA Text Class Action Against Wolf Of Wall Street Dismissed

    On 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 Protection
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    Coachella, Trademark Lawyers Want "Filmchella" Organizer Held In Contempt

    Last 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 Property
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP

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