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Irish Butter Shortage Spreads Trademark Battle in Wisconsin

A Wisconsin federal judge issued a temporary restraining order last month against a Wisconsin creamery for their use of the “Irishgold” Irish butter trademark and associated packaging. Irish dairy distributor Ornua Foods...more

Popcorn Makers Fight Over Use of “Skinny”

Last month, snack food company Snyder’s-Lance filed a declaratory judgment action in North Carolina against Amplify Snack Brands and its SkinnyPop popcorn. Hours later, Amplify brought suit against Snyders-Lance in Texas,...more

CarSure Sued For DPPA Violations

CarSure, LLC, a Texas-based aftermarket automotive warranty seller, faces a lawsuit brought by a group of Wisconsin car owners who claim that the company violated the Driver’s Privacy Protection Act (“DPPA”) by purchasing the...more

5/19/2017  /  Data Privacy , DPPA , Motor Vehicles

Vitamin Shoppe Sued Over Supplement Claims

Last week a class action lawsuit was filed against Vitamin Shoppe, Inc. The plaintiffs asserted that Vitamin Shoppe misled consumers and made scientifically inaccurate claims with regard to its garcinia cambogia weight loss...more

Health Care Providers Pay $1.35 Million in TCPA Fax Settlement

Although the spotlight is usually on unwanted phone calls and text messages when it comes to class actions under the Telephone Consumer Protection Act (TCPA), a recent settlement over the sending of faxes is a reminder to...more

Proposed Class Action Targets Advertising to Drivers Using DMV Info

A class action filed this month alleges that car warranty company NRRM LLC used information obtained from Department of Motor Vehicles (“DMV”) records to market to consumers in violation of the Driver’s Privacy Protection Act...more

5/16/2017  /  Advertising , Class Action , DMV , DPPA

Digital Copyright Ruling Creates New Vulnerabilities for Moderated Online Platforms

A recent federal appeals court decision may lead online platforms that post user-generated content filtered by moderators to think twice before posting copyrighted material. In Mavrix Photographs, LLC v. LiveJournal, Inc.,...more

Crabby Outcome for Seafood Restaurant in Trademark Lawsuit Against Steakhouse

Phelan Holding, Inc. did not have its day in the sun when the Eleventh Circuit granted RARE Hospital Management, Inc.’s motion for summary judgment. Phelan and RARE are owners of casual dining restaurants, and the court found...more

Annotations to Georgia’s Legal Code Are Protected By Copyright

The state of Georgia and the Code Revision Commission achieved a victory when a federal court granted their motion for summary judgment, holding that Georgia’s “Official Code of Georgia Annotated” (OCGA) was protected by...more

5/10/2017  /  Copyright , Fair Use , The Copyright Act

FTC Extension of Robocalling Rules Is Approved By Federal Court

Last week, a D.C. District Court declined to find the Federal Trade Commission’s decision to extend robocalling restrictions to telemarketing calls that use “soundboard” technology unconstitutional or in violation of any...more

Khloe Kardashian Sued By Photographer Over Instagram Photo

Xposure Photos Ltd., a U.K. photography company, filed suit in the Central District of California last week against Khloe Kardashian, alleging that she infringed its copyright when she posted a photo of herself and her...more

Federal Court Enters FTC Settlement in Fake Prize Mail Scheme

Recently, a California federal court has entered into a stipulated order reflecting a settlement between the Federal Trade Commission (“FTC”) and a defendant charged with operating a mail fraud scheme. In September 2016, the...more

4/26/2017  /  FTC , Mail Fraud , Settlement

Diet-Pill Marketers Settle With FTC Over Email Marketing and Weight Loss Claims

Colby Fox and his companies Tachht, Inc. and Teqqi, LLC recently settled a case with the Federal Trade Commission over an email marketing scheme and claims regarding the companies’ diet pills. According to the FTC, which...more

4/4/2017  /  Email , FTC , Marketing , Settlement , Spam

Upromise Penalized for Violating FTC Privacy Order Over Rewards Program

Upromise found itself in front of the Federal Trade Commission answering very tough questions earlier this month. The inquiry was related to a 2012 order requiring that Upromise include disclosures about data collection...more

Indianapolis Colts Set Their Eyes for Home-Field Advantage in Second Class Action Complaint

As a follow-up to our previous article, the Indianapolis Colts are moving to move venues in a federal class action lawsuit to Indiana. The plaintiff alleges that the beacon technology integrated in the Colts mobile...more

FTC Will Consider Spying Toy Privacy Concerns

Last month, the Federal Trade Commission (“FTC”), in response to a complaint filed by Electronic Privacy Information Center (“EPIC”) and other consumer groups, made the decision to review the potential privacy and security...more

Tennessee Court Awards $1.9 Million in Mapco Express Data Breach Class Action Suit

Last month, a Tennessee Federal court ordered Mapco Express, Inc. (“Mapco”) to pay approximately $1.9 million to settle class action claims arising from a 2013 data breach of its retail computer systems. The lawsuit was...more

What’s In A Name? Unwanted Kardashian Affiliation Dooms High-End Cosmetic Product

The Eleventh Circuit recently denied the Kim, Khloe, and Kourtney Kardashian’s (the “Kardashians”) motion to compel arbitration related to a trademark infringement lawsuit filed by upscale cosmetics company, By Lee Tillett...more

Three States Introduce Bills to Legalize Sports Betting While SCOTUS Decides Whether to Hear Suit Challenging Existing Federal Ban

As the Supreme Court weighs whether to hear a New Jersey challenge to the Professional and Amateur Sports Protection Act (“PAPSA”) – a 1992 federal law that banned sports wagering in all states where it was not already in...more

Cause of Action Joins Defense of Electronics Maker in FTC Privacy Suit

The advocacy group Cause of Action has stepped in to help defend electronics maker D-Link in a suit brought by the Federal Trade Commission over the company’s purportedly insufficient protection of customers’...more

1/24/2017  /  Cybersecurity , Data Security , FTC

Herbalife Settles Multi-level Marketing Scheme for $200 Million

Almost 350,000 people who helped run Herbalife businesses are receiving checks from the Federal Trade Commission to compensate them for money lost due to the company’s deceptive earnings claims. Specifically, Herbalife was...more

1/19/2017  /  Enforcement Actions , FTC , FTC Act , MLM

Subway Turns Back Class Action Over Free Sandwich Text Message Promotion

Subway scored a recent victory when a federal court dismissed a putative class action brought by two customers over a free sandwich promotion alleging violations of the Telephone Consumer Protection Act (“TCPA”) after...more

1/13/2017  /  Class Action , Subway , TCPA , Text Messages

States Act to Regulate Fantasy Sports

In attempts to lessen the uncertainty that still surrounds the legality of fantasy sports, Maryland and Florida introduced measures to clarify the rules of the road for the likes of DraftKings Inc. and FanDuel Inc. Maryland’s...more

1/12/2017  /  DraftKings , FanDuel , Fantasy Sports , Gambling

Seventh Circuit Upholds Indiana Ban on Robocalls

Last week, the U.S. Court of Appeals for the Seventh Circuit upheld an Indiana statute banning robocalls, concluding that the statute was evenly applied in an effort to prohibit unsolicited calls made without a recipient’s...more

Court Allows Copyright Infringement Claims to Live Long and Prosper Against Trekkie

A federal judge recently held that an unauthorized “Star Trek” fan film created by Axanar Productions was “objectively substantially similar” to Star Trek. The court found that Axanar sought to make a “professional...more

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