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CDA Section 230 protects online business review site from liability for refusing to remove negative reviews

Proskauer Rose LLP
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USA
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May 5 2011

Section 230 of the Communications Decency Act protects the provider of an online business review site from liability for refusing to remove negative reviews, 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

In keyword advertising dispute, Ninth Circuit says trademark infringement requires more than initial interest confusion

Proskauer Rose LLP
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USA
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May 5 2011

Courts must be flexible in applying the law in the Internet context, the U.S. Court of Appeals for the Ninth Circuit emphasized in a dispute involving the use of trademark terms in keyword advertising

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

CDA 230 protects blog owner from liability for third-party comment

Proskauer Rose LLP
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USA
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May 5 2011

The court ruled the owner of a blog is not liable for an alleged defamatory comment even if the owner viewed and approved the comment prior to publication on the blog

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

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

California anti-spam law claims brought in federal court must satisfy pleading standards for fraud claims

Proskauer Rose LLP
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USA
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September 30 2010

A federal district court properly dismissed a claim under the California anti-spam law, California Business and Professions Code 17529

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

New York Insurance Department opinion controls validity of electronic signature on clickwrap insurance application

Proskauer Rose LLP
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USA
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April 14 2010

The New York State Insurance Department may impose a requirement that an insurance company verify the identity of a person providing an electronic signature on an online application for insurance, notwithstanding the less restrictive definition of an electronic signature in the New York Electronic Signatures and Records Act, a district court ruled

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