Search results

Order by most recent / most popular / relevance

Results: 1-10 of 112

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

Proskauer Rose LLP
-
USA
-
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

Clickwrap form of online agreement not required for contract formation

Proskauer Rose LLP
-
USA
-
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

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

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

Proskauer Rose LLP
-
USA
-
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

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

Identity of anonymous commercial speakers entitled to lower standard of protection

Proskauer Rose LLP
-
USA
-
September 30 2010

Anonymous speakers who posted statements and videos disparaging a business on a competitor's Web site are entitled to a lesser degree of First Amendment protection than that applicable to political speech, the U.S. Court of Appeals for the Ninth Circuit ruled

The house doesn’t always win, especially when it disregards IP rights

Proskauer Rose LLP
-
USA
-
May 13 2011

It's an adage as old as gambling itself: "The house always wins."

Download of copyrighted digital music file not a public performance under Copyright Act

Proskauer Rose LLP
-
USA
-
January 11 2011

Downloading a copyrighted digital music file does not constitute a public performance under the Copyright Act, the U.S. Court of Appeals for the Second Circuit ruled

Clickwrap agreement enforceable between commercial parties where contract formation process was “consistent with industry standards”

Proskauer Rose LLP
-
USA
-
April 14 2010

A clickwrap agreement between a retail Web site operator and a commercial party was enforceable because, among other things, the online contract formation process that led to the agreement was "consistent with industry standards" and thus could not be said to be substantively unconscionable, a district court ruled

Sender's liquidated damages liability under California anti-spam statute limited to $1 million per incident

Proskauer Rose LLP
-
USA
-
January 11 2011

The liquidated damages provision of the California anti-spam statute, which caps liquidated damages at $1 million "per incident," is a limitation on a sender's liability for each transmission of an actionable message to a single recipient or to multiple recipients, a district court held

next >