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Supreme Court

“Grand Finale?” — Supreme Court to Address the Definition of “Automatic Dialer” Under the TCPA

September 30, 2020 by Patrick Quinn

The Bottom Line Since 1991, the Telephone Consumer Protection Act (TCPA) has set out to end unwanted contact from telemarketers, generally prohibiting (among other things) the use of an “Automated Telephone Dialing System” (ATDS) to call wireless phone numbers without the appropriate level of Continue Reading

Alert - September 30, 2020

Supreme Court Unanimously Rules That Willfulness Is Not Required to Recover Profits

July 7, 2020 by Patrick Quinn

The Bottom Line The U.S. Supreme Court resolved a circuit split on April 23, 2020, by unanimously holding in Romag Fasteners, Inc. v. Fossil Group, Inc., et al. that a brand owner is not required to prove that a trademark infringer acted willfully in order for the owner to be awarded Continue Reading

Alert - July 7, 2020

Supreme Court Rules that Federal Law Protects Gay and Transgender/Transitioning Employees from Workplace Discrimination

June 17, 2020 by Patrick Quinn

The Bottom Line On June 15, 2020, the Supreme Court issued a landmark decision in a L.G.B.T. civil rights case that is important for employers to note, as it is likely to apply broadly to gender-based policies in the workplace. In one of the three cases decided by the Supreme Continue Reading

Alert - June 17, 2020

No Longer “FUCT” — Scandalous Mark Provision Struck Down by Supreme Court

July 10, 2019 by Catherine Nagle

6th Edition: Trends in Marketing Communications Law What constitutes a “scandalous” trademark? The United States Patent and Trademark Office (USPTO) has been grappling with this question since the enactment of the 1905 Trademark Act, later codified in the 1946 Lanham Act, which forbids Continue Reading

Trends in Marketing Communications Law - July 10, 2019

Behind State Lines: Is It Time to Cash in on Legalized Sports Betting?

July 10, 2019 by Catherine Nagle

6th Edition: Trends in Marketing Communications Law The Supreme Court’s 2018 decision in Murphy v. National Collegiate Athletic Association (Murphy) to overturn the Professional and Amateur Sports Protection Act (PASPA) seemingly opened the door for states to legalize sports betting. Continue Reading

Trends in Marketing Communications Law - July 10, 2019

Patent Troll Suits Down, Not Out in 2018

July 10, 2019 by Patrick Quinn

6th Edition: Trends in Marketing Communications Law Over the past half-decade, Congress and the courts have made aggressive efforts to curb the worst abuses of the patent system. In 2013, Congress passed the America Invents Act (AIA), which established the Patent Trial and Appeal Board (PTAB) to Continue Reading

Trends in Marketing Communications Law - July 10, 2019

Supreme Court Settles Circuit Split on When a Plaintiff May Sue

July 10, 2019 by Patrick Quinn

6th Edition: Trends in Marketing Communications Law The Supreme Court handed down a unanimous copyright decision in March 2019 with implications for anyone involved in a copyright dispute, as well as for marketers and brands that create and use copyrighted materials. In Fourth Estate Public Continue Reading

Trends in Marketing Communications Law - July 10, 2019

Supreme Court Rules “Amazon” / “Nexus” Taxes Are Permissible

July 12, 2018 by Patrick Quinn

The Bottom Line The Supreme Court’s Wayfair decision confirmed that states may collect sales tax on internet sales between consumers and retailers who don’t have a physical presence in the state.In anticipation of a flurry of related legislation, online retailers, marketing affiliates and all Continue Reading

Alert - July 12, 2018

New York Appellate Court Enforces Lease Provision Waiving Commercial Tenants’ Right to Seek Yellowstone Injunction, Strengthening Landlords’ Right to Evict

June 28, 2018 by Patrick Quinn

The Bottom Line Commercial tenants entering into new leases should review draft agreements carefully for explicit waivers of the right to seek Yellowstone relief and less obvious waivers of that right that are drafted more vaguely, such as provisions that:waive a tenant's right to seek Continue Reading

Alert - June 28, 2018

Supreme Court Seeks to Curb the Worst Abuses of the Patent System

May 24, 2018 by Patrick Quinn

5th Edition: Trends in Marketing Communications Law Congress, commentators and a wide variety of industry leaders have long noted that the patent system was broken. Besieged by a tide of weak patents and baseless patent troll litigations, these stakeholders argued that the current patent climate Continue Reading

Trends in Marketing Communications Law - May 24, 2018

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