December 2015

Seventh Circuit Dismisses Autodialer TCPA Case

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

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Refusal to Register Disparaging Trademarks Ruled Unconstitutional

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.

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FTC Policy Statement Targets Native Advertising

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?

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Mobile App Operators Settle COPPA Charges

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,

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Cirque du Soleil Moves to Stay Junk Fax Class Action

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

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Superman v. Superdad: Trademark Lawsuit to Continue

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?

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