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 115

FCC Chairman announces proposal to classify internet TV services as cable providers

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • October 30 2014

Over the past month, there have been many reports that the FCC would soon publish an NPRM classifying an online video distributor (OVD) that delivers

CDA Section 230 protects web site operator from liability for user's defamatory post, despite general statement on web site concerning accuracy of information

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • July 29 2010

A general statement on a Web site to the effect that posted information was truthful and accurate did not deprive the Web site operators of protection from liability for defamatory statements posted by third parties under Section 230 of the Communications Decency Act, a Texas appeals 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

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

License language in contract may render search ad provider liable under ACPA for providing ads to parked domain names

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • July 29 2010

A provider of search ads to registrants of parked domain names alleged to infringe trademarks may be liable under the Anti-cybersquatting Consumer Protection Act as an "authorized licensee" of the registrants, 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

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

Clickwrap user agreement bars claims against web site operator over fraudulent ticket sales

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • September 30 2010

A clickwrap user agreement applicable to an online ticket exchange that contained broad disclaimers of liability, including disclaimers of express and implied warranties, bars claims by users of the site based upon their purchase of fraudulent ticket purchase options, a district court ruled

No bad faith in filing takedown notice where resolution of intellectual property rights underlying DMCA claim involved complex and novel legal issues

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

A party who filed a takedown notice under the Digital Millennium Copyright Act seeking removal of a Web site in which he claimed copyright ownership did not act in bad faith where the resolution of the intellectual property rights underlying his claim involved complex and novel issues, a district court ruled