October 28, 2016 Trademark lawyers across the country should take note of the U.S. Patent and Trademark Office’s (“USPTO”) first major set of Trademark Trial and Appeal Board (“TTAB”) rule changes since 2007.  The amended rules take effect on January 14, 2017, for both new and pending TTAB cases. What are the USPTO rulemaking’s key…

October 27, 2016 This week, the office of the New York Attorney General (the “AG”) announced that it had reached a settlement with both FanDuel and DraftKings, resolving the State’s deceptive marketing practices lawsuit.   We had previously blogged about how New York lawmakers mooted the portion of the AG’s lawsuit concerning charges of illegal gambling…

October 27, 2016 On October 24, 2016, the United States District Court for the Southern District of California refused to dismiss claims brought by two former inmates and their counsel regarding violations of a California privacy law.  The plaintiffs commenced a class action against Securus Technologies, Inc. (“Securus”), a self-proclaimed “inmate communications provider,” alleging that…

October 26, 2016 Promotions Law and Sweepstakes Attorneys Conducting a sweepstakes, contest or other form of promotion can be a highly effective way of increasing your customer base, or creating stronger brand loyalty among existing customers.  Through the use of a sweepstakes promotion, business owners can capitalize on the excitement and allure of potentially winning…

October 25, 2016 Last week, two advocacy groups filed a complaint with the Federal Trade Commission (“FTC”) taking direct aim at the burgeoning influencer marketing industry.  The complaint implores the agency to take enforcement action against various high profile content and media companies, including Google and Disney, alleging unfair and deceptive practices in connection with…

October 24, 2016 Last week, the Federal Trade Commission (the “FTC” or “Commission”) announced that Georgia-based glue manufacturer Chemence, Inc. (“Chemence”) has agreed to pay $220,000 to settle a lawsuit filed in connection with Chemence’s “Made in USA” claims. When can businesses say that their products are “Made in the USA”?

October 21, 2016 On October 12, 2016, the United States District Court for the Eastern District of Pennsylvania issued final approval of the $5.2 million settlement, resolving a Telephone Consumer Protection Act (“TCPA”) class action lawsuit against Power Homes Remodeling Group LLC (“Power Homes”).  Of the $5.2 million settlement, $1.3 million will be paid to…

October 20, 2016 The Securities Exchange Commission (“SEC”) recently fined New York-based Forcerank LLC (“Forcerank”) $50,000 in connection with charges that Forcerank’s fantasy stock market mobile app illegally offers complex derivative products to investors. How did the fantasy stock market app allegedly violate federal securities law?

October 19, 2016 Federal regulators, and states, counties and cities throughout the country, are enacting new laws, rules and regulations in the e-cigarette marketing space. How can e-cig manufacturers and related marketing affiliates avoid regulatory enforcement?

October 18, 2016 The Federal Trade Commission (“FTC”) recently filed suit against several related companies in connection with a nationwide campaign of deceptive marketing and billing practices. What is the nature of the deceptive marketing allegations?

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