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Communications & Media Civil Remedies

Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.

Seventh Circuit Rejects Rule 67 Mootness Argument But Keeps Campbell-Ewald Full Deposit Maneuver Alive

by Dorsey & Whitney LLP on

Rien n’est eternel. Nothing lasts forever. In TCPAland, things don’t even last a week. Just days after a Chicago district court endorsed the tactic in A Custom Heating & Air Conditioning, Inc. v. Kabbage, Inc., 2017 U.S....more

Captain Morgan makes Admiral Nelson’s walk the plank

by Smart & Biggar on

Smart & Biggar prevails at trial on behalf of Diageo in trade dress case. On June 12, 2017, the Federal Court issued its 99-page decision in Diageo Canada Inc v Heaven Hill Distilleries Inc et al, 2017 FC 571. The Court...more

Matal v. Tam: Trademark Disparagement Clause Held Unconstitutional

by Shearman & Sterling LLP on

Yesterday, the Supreme Court held in an 8–0 decision that the disparagement clause in the Trademark statute—which prohibits the registration of trademarks that may “disparage . . . or bring . . . into contemp[t] or disrepute”...more

See No Evil: Willful Blindness Costs Dish Network $341,000,000 For TCPA Violations

Willful blindness when it comes to the Telephone Consumer Protection Act (TCPA) could cost companies millions in statutory damages and penalties. Dish Network has been ordered in two cases to pay a total of $341 million based...more

Dish Network hit with record $280 million civil penalty and far-reaching injunctive relief for do not call violations

by Ballard Spahr LLP on

An Illinois federal judge ordered Dish Network to pay the federal government $168 million for violating the FTC’s Telephone Sales Rule (“TSR”). The judgment is the largest civil penalty ever obtained for a violation of the...more

Blind Plaintiff Prevails in First-of-Its-Kind ADA Website Accessibility Trial against Grocery Store Chain

by Rumberger Kirk & Caldwell on

In what is believed to be the first Americans with Disabilities Act (“ADA”) accessibility lawsuit to go to trial in Florida, Gil v. Winn-Dixie Stores, No.: 16-cv-23020-RNS (S.D. Fla. June 13, 2017), Juan Carlos Gil prevailed...more

First Federal Court Rules That Having An Inaccessible Website Violates Title III Of The ADA

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Today’s first impression trial verdict finding retailer Winn-Dixie liable under Title III of the ADA for having an inaccessible website suggests that public accommodations should focus on their website...more

Canadian Government Suspends Private Right of Action Under Anti-Spam Law

by Foley & Lardner LLP on

In an order dated June 2, 2017, the Canadian government indefinitely suspended a key provision in Canada’s anti-spam legislation (CASL), which was set to take effect on July 1, 2017. While CASL initially came into force in...more

The Top Hits: Fashion Cases with a Big Impact

by Knobbe Martens on

Over the last year, there have been some significant trademark and copyright cases in the fashion industry. Below are summaries of recent cases all brand owners should know and understand. These cases touch on important...more

All infringements aren’t equal

by Thompson Coburn LLP on

Are all copyright infringements created equal? Or should courts distinguish between different levels of intent, significance, and harm? Results in two recent cases suggest that circumstances have significant effects on...more

Dietary Supplement & Cosmetics Legal Bulletin | May 2017

Senators Call For Removal of Dioxane from Cosmetic Products - U.S. Sens. Chuck Schumer (DN. Y.) and Kirsten Gillibrand (DN. Y.) have petitioned the Food and Drug Administration to prohibit detectable levels of 1,4dioxane...more

Dish Network Liable for $61 Million in Treble Damages for Service Provider's TCPA Violations

by Ballard Spahr LLP on

A recent federal court ruling provides a potent reminder that companies can be held liable for consumer protection law violations committed by third-party vendors—and underscores the importance of maintaining strong vendor...more

Dish Network Liable for $61 Million After North Carolina District Court Trebles Damages in TCPA Class Action

by Carlton Fields on

A North Carolina district court recently held that Dish Network (“Dish”) willfully violated the Telephone Consumer Protection Act (TCPA) when Satellite Systems Network (SSN) made more than 50,000 telemarketing and sales calls...more

Ninth Circuit Affirms No Private Right of Action to Enforce Lack of Substantiation Claims in SeroVital False Advertising Class...

The Ninth Circuit recently affirmed a district court’s dismissal of plaintiff’s unfair competition law and consumer legal remedies claims, finding that neither claim provided plaintiff with a private cause of action to...more

New Canada Anti-Spam Rules Take Effect July 1 – Additional Teeth Behind New Rules

Organizations that do business in Canada should be aware of key changes coming to Canada’s Anti-Spam Legislation (“CASL”). Beginning July 1, 2017, CASL will place stricter conditions on how companies can market their services...more

Legislation Protecting Victims of Non-Consensual Distribution of Intimate Images

by Field Law on

On May 1, 2017, the Alberta legislature passed Bill 202, which created the Protecting Victims of Non-Consensual Distribution of Intimate Images Act (the “Act”). The Act seeks to protect individuals from having intimate images...more

This RMLC/GMR Fight Is No Joke

Originally published in Radio Ink - January 12, 2017. Most radio stations have received emails in the past several weeks from both the Radio Music License Committee (RMLC) and Global Music Rights (GMR) regarding an...more

Ninth Circuit Revises Baby Food False Advertising Class Action

by Bryan Cave on

The Ninth Circuit has revived a proposed class action against Gerber, saying the mother who sued it for labeling its sugar-laden baby food as “natural” only had to prove the labels were misleading, not necessarily false....more

Foreign Importer Hanging by a Thread, but International Trade Commission Cuts It Off

The International Trade Commission recently issued a general exclusion order barring the importation of bed sheets with falsely advertised thread counts as a remedy for Section 337 violations. The decision in In re Certain...more

Here is How to Fix the UDRP

by Revision Legal on

Recently at Namescon I had the pleasure of watching three of my esteemed colleagues, Nat Cohen of Telepathy, Inc., Jason Schaeffer of Esqwire.com, and Zak Muscovitch of DNAttorney.com, examine three of the most shocking UDRP...more

Intellectual Property Bulletin - Spring 2017

by Fenwick & West LLP on

It’s Dangerous to Go Alone! Take This. Intellectual Property Tips for the Esports Industry - With the annual Game Developers Conference spectacular in our rearview mirror, and the NBA’s partnership with Take-Two to...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19661 - ARS Investors II 2012-1 HVB, LLC v. Crystal, LLC - Owner recorded an unapproved subdivision map of its commercial property into three lots and then granted a...more

How Does the Supreme Court’s Recent Ruling on Incontinence Products Spill Over into Fashion?

by Knobbe Martens on

On March 21, 2017 the Supreme Court issued a monumental holding removing the availability of laches as a defense in a claim for damages under patent infringement. The case changes decades of legal precedent, and adopts...more

Auction House Accused of Scraping Competitor’s Web Listings

Screen scraping is a problem that has vexed website owners since the early days of e-commerce – how to make valuable content available to users and customers, but prevent competitors from accessing such content for commercial...more

Facebook Successfully Dismisses Putative Class Action Alleging Violation of New Jersey’s TCCWNA Based on Choice-of-Law Clause in...

by Bryan Cave on

In Palomino v. Facebook, Inc., No. 16-cv-04329-HSG, 2017 WL 76901 (N.D. Cal. Jan. 9, 2017), two putative class representatives brought a claim on behalf of all “similarly situated New Jersey residents who created a Facebook...more

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