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Results: 1-10 of 115

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

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

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

Online clickwrap forum selection clause enforceable despite user's claim of accidental or involuntary “click”

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

A forum selection clause in an online clickwrap agreement covering financial information services is enforceable despite the user's claim that he may have accidentally or involuntarily clicked the boxes signifying assent to the agreement, a district court ruled

Allegations that employee of Web site operator promised to remove defamatory content preclude summary judgment on promissory estoppel claim

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

Allegations by the plaintiff in a defamation action that a Web site operator's employee said she would "take care" of having false and defamatory profiles removed from the site were sufficient to create an issue of fact precluding summary judgment on the plaintiff's promissory estoppel claim, the district court ruled

Ohio State tries to buck online t-shirt company

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • November 12 2014

As the leaves change and fall temperatures drop, things are heating up in federal court where The Ohio State University has filed suit against

Fed. R. Civ. p. 65 precludes post-judgment injunction requiring web site to remove user's defamatory post

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

The requirements of Fed. R. Civ. P. 65 preclude the enforcement of an injunction requiring the removal of posts found to be defamatory against a Web site operator that was not a party to the defamation litigation in which the judgment including the injunction was issued, a district 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

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

Business owner held not individually liable for multimillion dollar judgment under Iowa anti-spam statute

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

A joint owner of a corporate entity was not properly held individually liable for a multimillion dollar judgment under the Iowa anti-spam statute because there was no evidence that she initiated the sending of the spam e-mails in question, the U.S. Court of Appeals for the Eighth Circuit ruled