We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
In cooperation with Association of Corporate Counsel
  Request new password

Search results

Order by most recent / most popular / relevance

Results: 1-10 of 249

No dismissal under CDA Section 230 for ISP where good faith is challenged

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • July 29 2010

An Internet service provider is not entitled to dismissal of a complaint alleging various theories of liability for blocking e-mails alleged to be spam, where the plaintiff's complaint called into question whether the ISP acted in good faith pursuant to Section 230 (c)(2) of the Communications Decency Act, a district court ruled

Internet subscriber lacks privacy interest in isp account information sought by plaintiff in copyright infringement action

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • July 29 2010

An Internet service subscriber lacks a privacy interest in account information sought in a subpoena served upon the subscriber's Internet service provider, a district court ruled

Web site that created and delivered unverified checks at direction of users violated FTC act

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • July 29 2010

A company that operated a Web site that created and delivered unverified checks at the direction of users violated the unfair practices provisions of the Federal Trade Commission Act, the U.S. Court of Appeals for the Ninth Circuit ruled

License language in contract may render search ad provider liable under ACPA for providing ads to parked domain names

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • July 29 2010

A provider of search ads to registrants of parked domain names alleged to infringe trademarks may be liable under the Anti-cybersquatting Consumer Protection Act as an "authorized licensee" of the registrants, a district court ruled

Arbitration clause referenced in contract with ISP binding on subscriber

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • July 29 2010

An arbitration clause referenced in a business services agreement signed by an Internet services subscriber is enforceable under the Federal Arbitration Act, a district court ruled

Registration of domain name prior to trademark filing and registration dates defeats trademark claim

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • July 29 2010

A trademark owner's claim to a domain name, asserted under the provisions of the Uniform Domain Name Dispute Resolution Policy, must fail where the trademark was neither registered nor claimed in an application filed prior to the registration of the domain name by the respondent, a UDRP panelist ruled

Logo, copyright notice and link on web site constitute "copyright management information" under dmca

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • July 26 2010

The "copyright management" provision of the Digital Millennium Copyright Act, 17 U.S.C. 1202, prohibits the provision or dissemination of copyright management information that is false, as well as the removal or alteration of copyright management information

Credit card services firms with knowledge of sales of infringing merchandise may be liable for trademark infringement

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • July 1 2010

In Gucci America, Inc. v. Laurette Co. No. 1:2008cv05065 (S.D.N.Y.), the luxury goods manufacturer succeeded in shutting down a Web site called "TheBagAddiction.com" through which the defendants sold counterfeit Gucci handbags

Credit card services firms with knowledge of sales of infringing merchandise may be liable for trademark infringement

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • July 29 2010

Firms that provided credit card processing services to the operator of a Web site on which counterfeit merchandise was sold may be secondarily liable for trademark infringement, a district court ruled

No Fourth Amendment violation in government administrative subpoena to ISP for subscriber information

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • July 29 2010

An administrative subpoena served upon a defendant's Internet service provider to obtain his subscriber information did not violate his Fourth Amendment rights, the U.S. Court of Appeals for the Fourth Circuit ruled, because the defendant had no reasonable expection of privacy in his subscriber information