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Results: 1-10 of 113

Logo, copyright notice and link on web site constitute copyright management information under DMCA

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

A photographer's name, logo and link on a Web site containing copyrighted photographs constitute copyright management information within the scope of the Digital Millennium Copyright Act, 17 U.S.C. 1202, a district court ruled

Adverse effect for CAN-SPAM standing shown by cost of processing spam e-mails

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

An ISP that had less than 1,000 customers for its Internet access and e-mail services established standing under the federal CAN-SPAM Act with evidence that it received 200,000 spam e-mails a day, that it spent $3,000 a month in fees to process the e-mails, and that it experienced occasional network slowdowns as a result of spam traffic, a district court ruled

Federal CAN-SPAM Act preempts claim under Illinois anti-spam law that e-mail utilizing tracking technology was misleading

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • May 5 2011

A claim under the Illinois anti-spam law that the heading on a promotional e-mail was misleading because it failed to warn the recipient that the e-mail sender utilized tracking technology is preempted by the federal CAN-SPAM Act, a district court ruled

Domain names subject to judgment execution proceedings where registry is located

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

A domain name is property of a debtor that is properly subject to judgment execution proceedings in the jurisdiction where the domain name registry is located, the U.S. Court of Appeals for the Ninth Circuit ruled

E-mail may satisfy writing requirement under New York real estate Statute of Frauds

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • January 11 2011

An e-mail may be sufficient to satisfy the New York real estate Statute of Frauds requirement that a conveyance or contract concerning real property be in writing, a New York appellate court ruled

No Fourth Amendment violation in government administrative subpoena to ISP for subscriber information

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

An administrative subpoena served upon a defendant's Internet service provider to obtain his subscriber information did not violate his Fourth Amendment rights, the U.S. Court of Appeals for the Fourth Circuit ruled, because the defendant had no reasonable expection of privacy in his subscriber information

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

CAN-SPAM Act may be applicable to Facebook messages

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • May 5 2011

The CAN-SPAM Act may apply to communications intended to drive users of the Facebook social network to "pages" that redirect the users to an advertiser's external Web site and also encourage them to send additional messages to other users, a district court ruled

Forum selection clause specifying state court venue operated as waiver of federal forum for claims under ECPA

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

A forum selection clause in an agreement for online services that required claims to be brought in the "courts of Virginia" operated as a waiver of a user's right to litigate claims under the Electronic Communications Privacy Act in a federal forum, a district court ruled

Massachusetts statute prohibiting distribution of electronic material deemed harmful to minors likely violates First Amendment

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • January 11 2011

A Massachusetts statute prohibiting the distribution by electronic means of material deemed "harmful to minors" likely violates the First Amendment and therefore its enforcement should be preliminarily enjoined, a district court ruled