On June 29, the Supreme Court agreed to review the question of whether judges or juries should decide a trademark’s inherent strength when assessing whether consumers are likely to be
Continue Reading Supreme Court Agrees to Take Up Trademark Strength Issue in Rise Brewing Trademark Case Against PepsiCo Over “Mtn Dew Rise”
When a defendant defaults, fails to respond to a motion for class certification, and produces no evidence of consent, one might assume that class certification is a formality. A recent
Continue Reading TCPA Class Certification Requires more than a Silent Defendant
In Van Elzen v. American Home Shield Corp., No. 24-C-1206, 2026 WL 1078771 (E.D. Wis. Apr. 21, 2026), the United States District Court for the Eastern District of Wisconsin
Continue Reading Safe Harbor Saves the Day: Court Grants Summary Judgment to Home Warranty Company Despite Unresolved Consent Dispute in TCPA Text Message Case
Recruiters who contact candidates by text message should take note of a recent decision out of the Western District of Virginia. In Kattato v. Cross Country Healthcare, Inc., No.
Continue Reading Court Orders Healthcare Recruiter To Turn Over Text Message Data In TCPA Class Action
The recent final approval of a class action settlement in Johnson v. Comodo Group, Inc. demonstrates the substantial risks companies face when facing allegations of engaging in automated telemarketing without
Continue Reading A Decade of Litigation: Key Takeaways from the Johnson v. Comodo Group TCPA SettlementRecently, the Federal Trade Commission (“FTC”) filed a Complaint against JustAnswer LLC and its CEO, alleging the company misled consumers into enrolling in monthly recurring subscriptions without obtaining consumers’ affirmative
Continue Reading FTC Sues JustAnswer for Deceptive Subscription PracticesQ: Why do companies refer to the Super Bowl as The Big Game in their advertising?
A: Because the Super Bowl is trademarked, but The Big Game is not. Of
Continue Reading Big Game Advertising QuestionsThe Federal Trade Commission (“FTC”) has reached a settlement with NextMed (also known as Southern Health Solutions, Inc.), resolving allegations that the telehealth company misled consumers through deceptive advertising, billing
Continue Reading When ‘Too Good to Be True’ Really Is Too Good to Be True: FTC Settles With NextMed Regarding Deceptive Advertising PracticesThe Federal Trade Commission approved Omnicom Group Inc.’s approximately $13.5 billion acquisition of The Interpublic Group of Companies, Inc. (IPG) but with strict conditions designed to prevent anticompetitive coordination in
Continue Reading FTC Restricts Omnicom-IPG Merger to Prevent Viewpoint-Based Ad BiasWhat has become known as the “Sad Beige Lawsuit” ended on May 28, 2025, when influencer Sydney Nicole Gifford (“Gifford”) voluntarily dismissed all claims against fellow influencer Alyssa Sheil (“Sheil”)
Continue Reading Influencer Aesthetic Dispute Resolves by Voluntarily Dismissal