Newsletters

06.07.18

Fifth Circuit Affirms TM Protection for SpongeBob’s Restaurant

Affirming a district court ruling, the U.S. Court of Appeals, Fifth Circuit agreed with Viacom International that a fictional underwater restaurant named The Krusty Krab featured in SpongeBob SquarePants is entitled to trademark protection by virtue of its continued use and secondary meaning.


06.07.18

Conair’s ‘Most Trusted’ Claims Referred to FTC

After Conair Corp. declined to participate in a review by the National Advertising Division (NAD) of its claim that the Cuisinart brand is “The Most Trusted Name in the Kitchen,” the self-regulatory body referred the case to the Federal Trade Commission (FTC).


06.07.18

The NAD Limits T-Mobile’s ‘Best Unlimited Network’ Claims

In the ongoing battle of advertisers in the wireless service provider industry, AT&T scored a victory when the National Advertising Division (NAD) recommended that T-Mobile discontinue the claims in the statements “T-Mobile is America’s Best Unlimited Network” and ...


06.06.18

AML News: FinCEN Issues Exceptions to Beneficial Ownership Rule

With FinCEN’s new Beneficial Ownership Rule now in effect, the regulator has quickly provided some important exceptive relief for premium finance lenders.


06.06.18

Fintech Update: Regulators Join Together for Fintech Oversight

A key regulator has announced a cryptocurrency crackdown in conjunction with Canadian as well as U.S. federal and state regulators.


06.06.18

Regulatory Relief Continues With Volcker Rollback Proposal

Just days after enactment of a partial Dodd-Frank rollback that included a substantial loosening of the Volcker Rule prohibitions against proprietary trading, the Federal Reserve Board of Governors kept the ball rolling with new proposals that would further reduce Volcker Rule burdens.


06.06.18

Short-Term Lending: Think Small, as OCC Nudges Banks

Not long after the CFPB’s acting director put the brakes on tough payday lending rules, the Trump administration likewise signaled that banks should move back into the $90 billion business.


06.06.18

Cybersecurity News: Vermont, Colorado and Maybe California

State legislatures are making their mark with new consumer protection legislation, most notably in Vermont, where the state enacted the first law regulating data brokers, and in Colorado, where lawmakers passed a new privacy and cybersecurity measure.


05.31.18

No Authority No Control Means No Vicarious Liability

The U.S. Court of Appeals, Ninth Circuit recently released an opinion in Jones v. Royal Administration Services on the issue of vicarious liability for telemarketing activity under the Telephone Consumer Protection Act (TCPA), updating a decision that we reported on in a previous issue of TCPA ...


05.31.18

Proposed Legislation, Testimony and Proposed Rulemaking on Robocalls

Robocalls are a hot topic in Washington, D.C., with new legislation proposed, testimony from the Federal Trade Commission (FTC) about its efforts to combat the problem and a Second Further Notice of Proposed Rulemaking from the Federal Communications Commission (FCC) having all been released in the ...