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The house doesn’t always win, especially when it disregards IP rights
- Proskauer Rose LLP
- -
- USA
- -
- May 13 2011
It's an adage as old as gambling itself: "The house always wins."
Advertiser settles deceptive advertising charges stemming from undisclosed payments for online reviews
- Proskauer Rose LLP
- -
- USA
- -
- May 5 2011
An advertiser that paid affiliates to post favorable reviews of its product in online articles, blog posts and other online editorial material without disclosing the arrangement agreed to pay a $250,000 fine to settle deceptive advertising charges brought by the Federal Trade Commission
Under Arkansas law, insurance law writing requirement satisfied by online transaction
- Proskauer Rose LLP
- -
- USA
- -
- May 5 2011
A requirement in the Arkansas law that a rejection of medical benefits in an automobile insurance policy be in writing is satisfied by an electronic form completed online, the Arkansas Supreme 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
FTC says 10-day limit on online ad company's cookie opt-out is deceptive, requires five-year effectiveness for opt-out
- Proskauer Rose LLP
- -
- USA
- -
- May 5 2011
The Federal Trade Commission settled charges of deceptive practices with an online advertising company that gave consumers the opportunity to opt out of its tracking cookies, but limited the opt-out period to ten days
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
No CDA 230 protection for online booksellers for internet sale of book
- Proskauer Rose LLP
- -
- USA
- -
- May 5 2011
While online booksellers are immune under Section 230 of the Communications Decency Act for defamation claims arising out of promotional material supplied by third parties and posted on the booksellers' sites, Section 230 does not extend to defamation claims arising out of the books themselves, a district court ruled
CDA Section 230 protects online business review site from liability for refusing to remove negative reviews
- Proskauer Rose LLP
- -
- USA
- -
- May 5 2011
Section 230 of the Communications Decency Act protects the provider of an online business review site from liability for refusing to remove negative reviews, 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
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
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