January 2017

Trademark Enforcement and Internet Search Advertising: A Regulatory Risk for Brand Owners

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 […]

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FTC, NY AG Bring Deceptive Advertising Lawsuit Against Dietary Supplement Marketer

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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Court Finds “Nuisance” to be Concrete Injury under the TCPA

January 6, 2017 The United States District Court for the Middle District of Florida has ruled that nuisance and invasion of privacy claims are concrete injuries for standing purposes under the Telephone Consumer Protection Act (“TCPA”).  In the class action lawsuit against Hilton Grand Vacations Company, LLC (“Hilton”), Hilton argued, among other things, that the

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Eleventh Circuit: Insurer May Have to Cover Fax TCPA Liability

January 5, 2017 Last Thursday, the Eleventh Circuit Court of Appeals vacated a Georgia federal district court’s Telephone Consumer Protection Act (“TCPA”) ruling, finding that global online manufacturing marketplace MFG.com (“MFG”) satisfied its insurance policy’s notice requirement in connection with multiple fax TCPA lawsuits. How can marketers minimize their risk of TCPA liability?

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Maryland Fantasy Sports Regulations Take Effect

January 4, 2017 This week, regulations governing fantasy sports contests in the State of Maryland went into effect.  The regulations, implemented pursuant to a 2012 law exempting fantasy sports from the State’s gambling prohibition, vest the Office of the Comptroller with authority to enforce various consumer protection rules aimed at establishing basic rules to ensure

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