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Results: 11-20 of 112

Under New York long-arm statute, copyright owner's location is situs of copyright harm from online infringement

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

Under N.Y.C.P.L.R. 302(a)(3)(ii), which provides for long-arm jurisdiction in cases involving out-of-state tortious acts that cause harm within the State, where unauthorized copies of copyrighted works are posted on Web sites outside New York, the situs of the resulting injury is the location of the copyright owner

Google Books settlement would usurp congressional role in revising copyright law

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

Judge Chin found that the settlement was not "fair, adequate and reasonable," as required by the federal rules, and suggested that it might be able to be approved if it was changed to an opt-in, rather than an opt-out, settlement

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

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • 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

Employer may have violated Lanham Act, state right of publicity, in impersonation of employee on social media

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

An employer that is alleged to have posted messages impersonating an employee on her personal Facebook and Twitter pages while she was recuperating from an accident may be liable under the Lanham Act for false endorsement and under the Illinois right of publicity, a district court ruled

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

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • 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

FTC finalizes settlement with Twitter for failure to safeguard consumer personal information

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

The charges arose out of lapses in the security of the social networking site's administrative accounts, which enabled hackers to gain access to both administrative and customer accounts

Stored Communications Act bars civil discovery subpoena to e-mail service provider, absent consent of account holder

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • 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

CDA Section 230 no bar to city enforcement of ticket tax remittance requirement on online vendor

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

Section 230 of the Communications Decency Act is not a bar to a municipality's requirement that an online ticket auction site collect and remit applicable local amusement taxes from ticket sales on its site, the U.S. Court of Appeals for the Seventh Circuit ruled

First Amendment bars North Carolina taxing authority’s demand for online bookseller records

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

A state taxing authority's request for information on transactions by an online bookseller with state residents, in connection with a dispute over the bookseller's liability for state sales and use taxes, is barred by the First Amendment, a district court ruled

E-mails sent to transferred domain name and read by new domain owner not intercepted under ECPA

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

E-mails that were sent to e-mail accounts connected to a domain name that was transferred pursuant to a settlement agreement, and that were read by the new domain name owner, were not "intercepted" within the meaning of the Electronic Communications Privacy Act, a district court ruled