December 30, 2015 At the beginning of next week’s new legislative session, Indiana State Representative Alan Morrison plans to file a proposed bill that would bring industry regulation to daily fantasy sports websites. What would Indiana’s version of industry regulation look like under the proposal?

December 24, 2015 This week, the United States Court of Appeals for the Seventh Circuit affirmed a decision of the U.S. District Court for the Northern District of Illinois dismissing a lawsuit alleging autodialer- related liability against AllianceOne Receivables Management, Inc. (“AllianceOne”). The suit was brought by Wayne Norman, an individual with whom this firm…

December 24, 2015 On December 22, 2015, the United States Court of Appeals for the Federal Circuit struck down a provision of the federal Lanham Act which prohibited the registration of “disparaging” trademarks by the United States Patent and Trademark Office (“USPTO”). Specifically, the Court found parts of Section 2(a) of the Lanham Act unconstitutional….

December 23, 2015 This Tuesday, the Federal Trade Commission (the “FTC” or “Commission”) issued an Enforcement Policy Statement on Deceptively Formatted Advertisements, explaining that certain “native” advertising formats in digital media may deceive consumers by blurring the distinction between advertising and non-commercial content. How will this FTC Policy Statement affect the native advertising industry?

December 23, 2015 As readers of this blog are aware, the fantasy sports industry has been generating headlines in waves over the last several months. While the legal proceedings in New York have dominated the airwaves and back pages, the news out of Massachusetts has been no less significant as State Attorney General Martha Healey…

December 22, 2015 We’re going into overtime. Last Wednesday, prize promotion and risk management company SCA Promotions, Inc. (“SCA”) gave notice that it intends to appeal a Dallas federal court’s judgment to the Fifth Circuit in connection with a botched billion-dollar 2014 March Madness sweepstakes and SCA’s ensuing sweepstakes lawsuit against Yahoo! Inc. (“Yahoo”). Is this…

December 21, 2015 Mobile App Operators Must Be Mindful of Children’s Privacy Issues As part of an increase in regulatory focus on data collection, usage and disclosure practices in the mobile app industry, especially with respect to minors, the Federal Trade Commission (FTC) brought charges against two mobile app operators, LAI Systems, LLC and Retro Dreamer,…

December 18, 2015 On December 11, 2015, Cirque du Soleil (“Cirque”) filed a motion in the United States District Court for the Northern District of Illinois, seeking a stay of the plaintiff’s motion to certify a class action brought pursuant to the Telephone Consumer Protection Act’s (“TCPA”) Junk Fax Prevention Act of 2005 (“JFPA”). The…

December 18, 2015 This Tuesday, a California federal court in Los Angeles refused to dismiss DC Comics Inc.’s (“DC”) trademark lawsuit against Mad Engine, Inc. (“Mad Engine”) in connection with the business’ humorous take on DC’s iconic Superman shield logo. Can a business use someone else’s design or logo in jest?

December 17, 2015 Yesterday morning, the Ninth Circuit Court of Appeals denied a request for a full rehearing of an earlier ruling in the Ed O’Bannon anti-trust lawsuit against the National Collegiate Athletic Association (“NCAA”). This decision could set the stage for either O’Bannon or the NCAA, which had opposed the rehearing, to petition the…

Copyright © 2013-2018 Klein Moynihan Turco LLP. All Rights Reserved.
Privacy Policy    Terms and Conditions
Attorney Advertising

STAY CONNECTED WITH US: