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Disclosure of third-party monitoring in ISP subscriber agreement, privacy policy, deemed consent to interception under ECPA

Proskauer Rose LLP
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USA
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January 11 2011

Disclosures in an Internet service provider's subscriber agreement and privacy policy concerning third-party monitoring of subscriber Internet activity constituted sufficient notice of and assent to the deployment and use of "deep packet inspection" technology, a district court held

Computer file extension functional, therefore not protectable as trademark

Proskauer Rose LLP
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USA
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April 14 2010

A computer file extension is inherently functional, therefore a software company that utilizes a particular file extension to designate files that are accessed by its proprietary software may not protect the letters comprising the file extension as a trademark, a district court ruled

Operator of BitTorrent P2P file-sharing network induced copyright infringement and is ineligible for DMCA safe harbors

Proskauer Rose LLP
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USA
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April 14 2010

The operator of a file-sharing network that utilized the BitTorrent file-sharing technology is secondarily liable for inducing copyright infringement by users of the network, a district court ruled

Domain name registrar not immune from trademark owner's infringement, ACPA claims

Proskauer Rose LLP
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USA
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April 14 2010

A domain name registrar that registered numerous infringing domain names, provided private registration services in conjunction with a related entity that concealed the identity of the registrants, and received fees when ads on sites connected to the infringing domain names were clicked, may be liable under the Lanham Act and the Anti-cybersquatting Consumer Protection Act, a district court ruled

Manufacturer of device containing DVD player has standing to assert violations of DMCA anti-circumvention provisions

Proskauer Rose LLP
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USA
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April 14 2010

The manufacturer of a device containing a DVD player that implements DVD copy protection technology has standing to bring an action against a party who allegedly disabled the copy protection technology on such devices before selling them in online auctions, a district court ruled

Trademark owner's reports of infringing goods to online auction anti-infringement program protected by “interested party” privilege from defamation claim

Proskauer Rose LLP
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USA
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April 14 2010

A trademark owner's reports of infringing goods to an online auction's anti-infringement program were privileged under California law, a district court ruled

Near $2 million copyright damages verdict against non-commercial file-sharing defendant remitted as “gross injustice”

Proskauer Rose LLP
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USA
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April 14 2010

A $1,920,000 jury award of copyright damages against a "non-commercial individual" for distributing 24 copyrighted songs on a file-sharing network is a "gross injustice" that warrants remitting the verdict to three times the minimum statutory damages of $750 per song, or $2,250 per song ($54,000), a district court ruled

Unauthorized sharing of copyrighted music files on P2P file-sharing network not protected by fair use defense

Proskauer Rose LLP
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USA
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April 14 2010

A party who made copies of music recordings and shared them with other parties on a peer-to-peer file-sharing network is not protected by the defense of fair use, a district court ruled

Forum selection clause in Google AdWords agreement applies to claims against Google for prior conduct

Proskauer Rose LLP
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USA
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April 14 2010

The scope of the forum selection clause in the agreement applicable to the Google Adwords program extends to a plaintiff's dispute with Google over conduct predating the execution of the Adwords agreement, a district court ruled

Depiction of student athlete in videogame deemed actionable under California right of publicity statute

Proskauer Rose LLP
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USA
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April 14 2010

The inclusion of a character in a videogame that corresponded to a student athlete is actionable under the California right of publicity statute, a district court held