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 13

Federal lawsuit alleges infringement of minors' New York right of publicity by Facebook "like" and "friend finder" features

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • May 19 2011

In what may represent a new wave in an interesting challenge to the viral nature of social media marketing, a recently filed putative class action asserts a right of publicity claim against Facebook in connection with the service's "Like" and "Friend Finder" features

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

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • 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

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

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • 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
  • -
  • USA
  • -
  • 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

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

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • 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
  • -
  • USA
  • -
  • 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

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

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • 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
  • -
  • USA
  • -
  • 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

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

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • 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

College student's innocent infringer defense for copying and distributing phonorecords on P2P network foreclosed by copyright notices

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • April 14 2010

A college student found liable for copyright infringement for making digital copies of copyrighted phonorecords and sharing them on a P2P file-sharing network is not entitled to the mitigation of statutory damages under Copyright Act 504(c)(2) for innocent infringement, the U.S. Court of Appeals for the Fifth Circuit ruled