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Stored Communications Act bars civil discovery subpoena to e-mail service provider, absent consent of account holder

Proskauer Rose LLP
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USA
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January 11 2011

The federal Stored Communications Act bars the enforcement of a subpoena directed to an e-mail service provider to obtain the contents of an account-holder's e-mails, absent the consent of the account holder, a district court ruled

Online clickwrap agreement unenforceable where customer warned company that non-executives had no contractual authority

Proskauer Rose LLP
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USA
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April 14 2010

A forum selection clause in an online clickwrap agreement is not enforceable against a customer that warned the Web site owner that it would not assent to such agreements, and that the customer's employees who accessed the site were not authorized to enter agreements on the customer's behalf, a district court ruled

Forum selection clause specifying state court venue operated as waiver of federal forum for claims under ECPA

Proskauer Rose LLP
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USA
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April 14 2010

A forum selection clause in an agreement for online services that required claims to be brought in the "courts of Virginia" operated as a waiver of a user's right to litigate claims under the Electronic Communications Privacy Act in a federal forum, a district court ruled

Arbitration clause referenced in contract with ISP binding on subscriber

Proskauer Rose LLP
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USA
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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

Early termination fee in contract for internet access not an invalid liquidated damages clause under California law

Proskauer Rose LLP
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USA
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January 11 2011

An early termination fee contained in a contract for Internet access services for a defined period is not an invalid liquidated damages clause under Cal. Civ. Code Section 1671, the U.S. Court of Appeals for the Ninth Circuit ruled

Alleged cybersquatter's inclusion of commercial self-promotion on gripe site precludes dismissal of trademark and cybersquatting claims

Proskauer Rose LLP
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USA
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July 29 2010

A former law firm associate who registered a ".net" domain name identical to the ".com" domain name of his former employer and used the domain name to host a "gripe site" containing criticism of the firm and its employees was not entitled to dismissal of trademark infringement and cybersquatting claims, a district court ruled

Limited damages available under DMCA 512(f) for wrongful takedown notice

Proskauer Rose LLP
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USA
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April 14 2010

Although DMCA 512(f) allows an award of "any damages" for wrongful removal of alleged infringing material as a result of misrepresentations to a service provider, such damages "must be proximately caused by the misrepresentation to the service provider and the service provider's reliance on the misrepresentation," a district court ruled

California single publication rule applies to web site right of publicity, Lanham Act claims

Proskauer Rose LLP
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USA
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April 14 2010

The California single publication rule bars an individual's common law and California statutory right of publicity and Lanham Act false endorsement claims for the sale of merchandise on a Web site, a district court ruled

Clickwrap form of online agreement not required for contract formation

Proskauer Rose LLP
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USA
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April 14 2010

A click on a button marked "I agree" is not necessary to effectively manifest assent to online contract terms, a Missouri appeals court ruled

Federal law barring data pass marketing practices signed into law

Proskauer Rose LLP
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USA
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January 11 2011

S. 3386, the federal "Restore Online Shoppers' Confidence Act, was signed into law on December 29, 2010

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