Benjamin Stein

Benjamin Stein

(p) 630.880.6812 (e) bstein@infolawgroup.com

Benjamin Stein joined InfoLawGroup as Counsel in April 2013. Ben’s practice focuses on advertising, promotions, intellectual-property, and privacy matters. Ben works with clients to advise on the development, implementation, and administration of their advertising and promotional campaigns, as well as on traditional and emerging issues related to intellectual property.

Prior to joining InfoLawGroup, Ben was an associate in the Intellectual Property Group of Edwards Wildman Palmer LLP (formerly Wildman, Harrold, Allen & Dixon LLP). During law school, Ben interned for Lambda Legal, where he worked on litigation challenging Iowa’s prohibition on same-sex marriage.
Practice Areas

Advertising, Marketing & Promotions
New Media
E-commerce & Technology
Trademarks, Copyrights, & Rights of Publicity
Privacy & Information Management

Representative Experience

• Counseling on issues related to advertising and promotional campaigns, including drafting promotion rules and advising on compliance with applicable laws and platform guidelines;

• Counseling on issues related to the development of client websites, including auditing websites and drafting Terms of Use, Terms of Sale, and Privacy Policies to govern use of those websites;

• Advising on privacy issues, including those related to the Children’s Online Privacy Protection Act;

• Drafting and negotiating agreements in a wide variety of transactions, including consumer-facing and vendor/supplier agreements related to e-commerce and content- and technology-licensing agreements;

• Counseling clients on domestic and foreign trademark matters, including selection, prosecution, maintenance, and enforcement of trademarks and the protection and enforcement of copyrights; and

• Advising clients on state and federal laws regulating gift cards and other stored-value devices.

Education

University of Michigan, J.D. 2010 (cum laude)
University of Michigan, B.A. 2005, English Language & Literature

Presentations & Publications

“Protecting Trademarks Against the Counterfeiting Threat” (co-author), World Trademark Review, Issue 36, April/May 2012.

Professional Associations

International Association of Privacy Professionals

Bar Admissions

Illinois, 2010

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NY AG Settles with TRUSTe Over its COPPA Safe-Harbor Program

Last week, the New York Attorney General’s Office announced that it had entered into a settlement with privacy compliance company TRUSTe, signaling the AG’s continuing interest in children’s privacy and potentially portending an uptick in state-level enforcement under the Children’s Online Privacy Protection Act (“COPPA”). TRUSTe operates an FTC-approved safe-harbor program for online services subject to … Continue Reading

NJ TCCWNA Claim Thwarted by CA Choice-of-Law Provision

As we have previously written about, 2016 saw a wave of litigation brought under New Jersey’s Truth-in-Consumer Contracting, Warranty, and Notice Act (“TCCWNA”) regarding website Terms of Use.  While service providers await the outcome of many of these cases and direction from New Jersey courts on how the TCCWNA generally applies to online contracts, one California court recently offered … Continue Reading

Re-file Your DMCA Agent Designation Starting Dec. 1st

The Copyright Office recently introduced changes to the process by which online service providers can designate an agent under the Digital Millennium Copyright Act (“DMCA”).  To qualify for DMCA safe-harbor protections, service providers are required to maintain with the Copyright Office contact information for an agent designated to receive takedown notices. The changes, which go into effect … Continue Reading

FTC Settles Complaint against Mobile Ad Network InMobi over Location-Data Collection & COPPA Violations

The FTC announced today that it reached a settlement with mobile ad network InMobi. InMobi offers a software-development kit (SDK) that its third-party app-developer customers can integrate into their mobile applications. The SDK allows InMobi to target advertisements to app users based on data collected and allows the app developer to thereby better monetize its advertising … Continue Reading

Now What? Plaintiffs Attack Popular Disclaimers in Online Terms of Use

In Short: An old New Jersey law – the Truth-in-Consumer Contract, Warranty and Notice Act or TCCWNA – is now being used to challenge website Terms of Use in a flurry of recently filed cases. These cases have not yet produced any guidance from the courts and the nebulous nature of the law complicates compliance. … Continue Reading

The Issue of Harm in Lawsuits on Retail Price-Comparison Advertising: Massachusetts Cases to Note

While the swell of class-action lawsuits based on retail price-advertising practices continues to build daily (particularly in California), retailers should note an interesting development from last week in a case out of Massachusetts. In that case, Mulder v. Kohl’s Department Stores, Inc. [FN 1], the plaintiff alleged a number of claims that centered around Kohl’s … Continue Reading

FTC Settles Advertising-Related COPPA Charges Against Two App Developers

This week, the FTC announced settlements with two developers of children’s apps that it claimed had failed to comply the Children’s Online Privacy Protection Act (“COPPA”). While any COPPA enforcement by the FTC is noteworthy, these cases are particularly interesting in that they are the FTC’s first COPPA enforcement actions that are based on allegations that a child-directed online service … Continue Reading

Gift-Card Issuers: Mind State Cash-Back Requirements

This past August, Dave & Buster’s, the restaurant-cum-arcade chain, was sued in California state court for allegedly violating the cash-out provision of California’s gift-card law.[FN1] Under California’s law, a gift-card issuer must allow the holder of a card worth less than $10 to redeem it for cash upon request.[FN2] In the suit, plaintiff alleges that … Continue Reading

Blue Apron and Others Face Spate of Suits under CA Auto-Renewal Law

A purported class action lawsuit was recently filed against meal-delivery service Blue Apron based on its alleged failure to satisfy the requirements of California’s law regulating automatic-renewal provisions in consumer contracts (Cal. Bus. & Prof. Code § 17600 et seq.). The case, C.D. Cal. No. 2:15-cv-05521, was filed in June 2015 and removed to federal … Continue Reading

Retail-Tracking Service Provider Nomi Technologies Settles FTC Complaint Over False Statement in its Privacy Policy

Last week, the Federal Trade Commission announced a complaint against and proposed settlement with Nomi Technologies, Inc.* (“Nomi”), based on allegations that Nomi included a false representation in its Privacy Policy. Nomi is an analytics provider offering services to brick-and-mortar retail locations through its “Listen” service. To provide the service, Nomi utilizes beacons placed within … Continue Reading

Better Business Bureau Updates its BBB Code of Advertising

On Thursday, the Better Business Bureau announced that it has made large-scale revisions to its self-described “cornerstone product,” the BBB Code of Advertising.  The Code imposes self-regulatory obligations on all entities who advertise in North America.  It is enforced at the local level by the BBB’s 112 local offices throughout US and Canada and, for … Continue Reading

FTC Brings First Actions Under the Restore Online Shoppers’ Confidence Act

Last month, the Federal Trade Commission brought a pair of actions under the Restore Online Shoppers’ Confidence Act (“ROSCA”) – the first of their kind. ROSCA Generally ROSCA (15 U.S.C. 8401 et seq.) was signed into law just before the end of 2010. In general, the law regulates two types of online transaction: sales using … Continue Reading

Ultra Records Sues YouTube Beauty Guru Michelle Phan

Last month, music label Ultra Records and its publisher, Ultra International Music Publishing (referred to generally in this post as “Ultra”), sued popular YouTube video blogger Michelle Phan for copyright infringement.  Ultra is a popular dance-music label and its roster of artists includes Kaskade, deadmau5, and Late Night Alumni. Ms. Phan is a YouTube sensation … Continue Reading

Pitfalls and Complications in Running a New-Media Promotion

Administering a sweepstakes or contest online can be a great way to attract traffic and engage with consumers. Not surprisingly, many companies routinely utilize sweepstakes and contests (which are referenced collectively in this article as “promotions”) as part of their overall online marketing push. Administering promotions, however, can get complicated when operating them on third-party … Continue Reading

FTC Approves Final Settlement over Unsubstantiated “Made in the USA” Claims

Last month, the Federal Trade Commission approved a final consent order settling charges it had brought against manufacturer E.K. Ekcessories, Inc. (“EK”) of Logan, Utah, regarding that company’s use of US-origin claims about its products.  EK manufactures a variety of consumer products, including iPhone cases, eyewear retainers, bottle holders, and dog collars.  In advertising its … Continue Reading

New York Attorney General Cracks Down on Falsified Online Reviews

Last week, New York’s Attorney General’s Office announced that it had entered into settlements with nineteen companies, totaling more than $350,000 in fines, based on those companies’ involvement in producing fake online reviews for businesses around the state.  Though the conduct at issue in this case appears particularly egregious, the settlements serve as an important … Continue Reading

The Right of Publicity and the Need to Clear Your Advertising Copy

Earlier this year, actors Bradley Cooper and Liam Neeson filed a lawsuit against Vutec Corporation and First Impressions Theme Theatres, Inc., both Florida-based companies specializing in home-theater equipment. Mr. Cooper and Mr. Neeson allege that the defendants used images of the actors, without permission, in advertisements for defendants’ products.  A copy of the complaint is … Continue Reading
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