November 2014

FTC and Florida Attorney General Settlement Cripples Medical Alert Device Company

November 17, 2014 On November 13, 2014, the United States District Court for the Middle District of Florida approved and entered a permanent injunction and settlement between the Federal Trade Commission (“FTC”) and the Florida Attorney General (the “AG”), on the one hand, and Woldwide Info Services, Inc. (“Worldwide”), on the other.  The settlement effectively […]

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NBA Commissioner Advocates for Legalized Sports Betting

November 14, 2014 As many of our readers are aware, sports betting is currently illegal in every state, except Nevada, and Delaware to a limited degree.  Despite numerous attempts to legalize sports betting outside these states, federal courts have uniformly rejected such legislation as being in direct conflict with the 1992 federal Professional and Amateur

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Facebook sweepstakes

Marketing Through Sweepstakes Promotions: A Facebook Perspective

Promotional contests and sweepstakes are a terrific marketing tool for businesses.  Social media has provided companies with a free and effective way to increase the number of consumers participating in their promotional contests and sweepstakes.  This article discusses the importance of understanding the rules governing such contests, with a specific focus on Facebook’s Terms applicable

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Twitter Joins Battle Over Definition of “Autodialer” Under TCPA

November 10, 2014 On Tuesday November 4, 2014, social media giant Twitter, Inc. (“Twitter”) fully submitted a motion to dismiss a Telephone Consumer Protect Act (“TCPA”) class action lawsuit pending against it in the United States District Court for the Northern District of California.  Among other issues addressed in Nunes v. Twitter, Inc., Twitter has

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Edible Marijuana Maker Settles Trademark Dispute with Hershey

November 4, 2014 In June, 2014, the Hershey Company (“Hershey”) brought a trademark infringement action against Colorado-based TinctureBelle, LLC.  Hershey alleged that TinctureBelle infringed on numerous registered trademarks in the naming, packaging and marketing of its chocolate and confectionery products containing marijuana.  TinctureBelle appeared in the action, but never filed an answer.  Instead, after months

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FTC Files Lawsuit against Gerber for Deceptive Advertising

November 3, 2014 On October 29, 2014, the Federal Trade Commission (“FTC”) filed a complaint in the United States District Court of New Jersey against Gerber Products Co. (“Gerber”), the popular baby food manufacturer.  The complaint alleges that since 2011, Gerber has been deceptively advertising its Good Start Gentle formula by alleging that use of

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