January 30, 2017 On Thursday, the parties in ARcare, Inc. v. Cynosure, Inc., an action concerning the Telephone Consumer Protection Act (“TCPA”), filed a motion for preliminary approval of a class action settlement of plaintiff’s fax TCPA claims.  Specifically, the named plaintiff alleged that it received multiple unsolicited fax advertisements from the defendant which were…

January 27, 2017 A federal court in the Central District of California has denied a motion filed by the manufacturers and marketers of the dietary supplement, 5 Hour Energy, which would have dismissed a putative nationwide deceptive practices class action lawsuit.  The lawsuit, focusing on alleged false misrepresentations concerning the efficacy of the 5 Hour…

January 26, 2017 On Monday, the Federal Trade Commission (“FTC”) announced that it had settled claims against the marketer of two app-supported smartphone accessories allegedly advertised as having the ability to accurately measure a consumer’s blood alcohol content (“BAC”).  The apps offered by Breathometer, Inc. (“Breathometer”), as well as its founder, were featured on the…

January 25, 2017 The Federal Trade Commission (“FTC”) has released a staff report after conducting a series of workshops on cross-device tracking and related issues concerning online and mobile behavioral advertising. The staff report aims to provide recommendations to various companies, including advertising technology companies, publishers and platforms, regarding transparency, security and the provision of…

January 24, 2017 This month, Orange County-based Bootlegger’s Brewery, LLC (“Bootlegger’s”) settled its beer trademark dispute and federal lawsuit with Louisiana’s Abita Brewing Company, Inc. (“Abita”). How can a craft brewery protect its name, brands, logos and slogans?

January 19, 2017 A federal court in California recently granted a summary judgment motion filed by Blue Shield of California (“Blue Shield”), allowing it to avoid liability for alleged violations of the Telephone Consumer Protection Act (“TCPA”).   Blue Shield relied on arguments of lack of standing under the Supreme Court’s decision in Spokeo, Inc. v….

January 18, 2017 Last Friday, the Federal Trade Commission (“FTC”) announced settlements in two separate robocall lawsuits commenced against businesses and their respective principals for the alleged placement of telemarketing calls to numerous consumers on the National Do Not Call Registry.  Most of the defendants in the two robocall lawsuits have agreed to court orders…

January 13, 2017   This week a Florida State Senator introduced proposed revisions to the State’s gaming laws intended to, among other things, regulate fantasy sports within the State of Florida.  The bill proposes enacting the Fantasy Contest Amusement Act, intended to address fantasy sports contest-related consumer protection issues, with oversight responsibility to be vested…

December 2016 For well over a century, US trademark law has afforded brand owners certain rights, remedies and obligations.  As the Department of Commerce has noted, owners of trademarks have both a legal right and an affirmative obligation to protect their trademarks from unauthorized third-party use.  Diligent enforcement practices not only protect trademark assets, but…

January 10, 2017 The Federal Trade Commission (“FTC”) and the New York Attorney General (“NYAG”) have jointly filed a deceptive advertising lawsuit against the marketers of a dietary supplement.  The lawsuit claims that the marketers of the dietary supplement, Prevagen, made false and unsubstantiated claims regarding the product’s ability to improve memory and provide additional…

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