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Limited damages available under DMCA 512(f) for wrongful takedown notice

Proskauer Rose LLP
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USA
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April 14 2010

Although DMCA 512(f) allows an award of "any damages" for wrongful removal of alleged infringing material as a result of misrepresentations to a service provider, such damages "must be proximately caused by the misrepresentation to the service provider and the service provider's reliance on the misrepresentation," a district court ruled

Forum selection clause in Google AdWords agreement applies to claims against Google for prior conduct

Proskauer Rose LLP
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USA
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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

Computer file extension functional, therefore not protectable as trademark

Proskauer Rose LLP
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USA
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April 14 2010

A computer file extension is inherently functional, therefore a software company that utilizes a particular file extension to designate files that are accessed by its proprietary software may not protect the letters comprising the file extension as a trademark, a district court ruled

Domain name registrar not immune from trademark owner's infringement, ACPA claims

Proskauer Rose LLP
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USA
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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

California single publication rule applies to web site right of publicity, Lanham Act claims

Proskauer Rose LLP
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USA
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April 14 2010

The California single publication rule bars an individual's common law and California statutory right of publicity and Lanham Act false endorsement claims for the sale of merchandise on a Web site, a district court ruled

Floor plans in online database not protectable under copyright law

Proskauer Rose LLP
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USA
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April 14 2010

Copying of floor plans that were collected from third parties and compiled into an online database is not actionable under copyright law, a district court ruled

Operator of BitTorrent P2P file-sharing network induced copyright infringement and is ineligible for DMCA safe harbors

Proskauer Rose LLP
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USA
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April 14 2010

The operator of a file-sharing network that utilized the BitTorrent file-sharing technology is secondarily liable for inducing copyright infringement by users of the network, a district court ruled

No bad faith in filing takedown notice where resolution of intellectual property rights underlying DMCA claim involved complex and novel legal issues

Proskauer Rose LLP
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USA
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April 14 2010

A party who filed a takedown notice under the Digital Millennium Copyright Act seeking removal of a Web site in which he claimed copyright ownership did not act in bad faith where the resolution of the intellectual property rights underlying his claim involved complex and novel issues, a district court ruled

Actual damages for copyright infringement of software code supported by monetary value of work by contributors to open source project

Proskauer Rose LLP
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USA
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April 14 2010

A claim for actual damages for infringement of open source software code is not precluded because the code was distributed without charge, a district court ruled

Manufacturer of device containing DVD player has standing to assert violations of DMCA anti-circumvention provisions

Proskauer Rose LLP
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USA
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April 14 2010

The manufacturer of a device containing a DVD player that implements DVD copy protection technology has standing to bring an action against a party who allegedly disabled the copy protection technology on such devices before selling them in online auctions, a district court ruled