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Results: 11-20 of 112

Notice of past infringements on online photo site does not obligate operator to proactively screen site

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

An online photo-sharing site does not have a duty to search its site for material that infringes an artist's works, even if it has received past notices of infringement of the same works from the artist, a district court ruled

FTC consumer privacy settlement over Google Buzz includes EU Safe Harbor violations

  • Proskauer Rose LLP
  • -
  • European Union, USA
  • -
  • May 5 2011

The Federal Trade Commission settled deceptive practices charges against Google relating to the rollout of the Google Buzz social network in 2010, including charges that Google violated the substantive requirements of the EU-U.S. Safe Harbor agreement

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

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

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

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

Online auction site protected from liability for alleged breach of auction rules by auctioneer

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

The operator of an online auction site is protected by Section 230 of the Communications Decency Act from claims negligence and tort claims based on allegations that an auctioneer reopened bidding on an auction in violation of the site's rules, a district court ruled