We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 112

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


College student's innocent infringer defense for copying and distributing phonorecords on P2P network foreclosed by copyright notices
  • Proskauer Rose LLP
  • USA
  • April 14 2010

A college student found liable for copyright infringement for making digital copies of copyrighted phonorecords and sharing them on a P2P file-sharing network is not entitled to the mitigation of statutory damages under Copyright Act 504(c)(2) for innocent infringement, the U.S. Court of Appeals for the Fifth Circuit ruled


Electronic signatures on Utah nomination petitions ruled valid
  • Proskauer Rose LLP
  • USA
  • July 29 2010

Under Utah law, electronic signatures used to execute petitions to nominate independent political candidates are valid, the Utah Supreme 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


Limited damages available under DMCA 512(f) for wrongful takedown notice
  • Proskauer Rose LLP
  • USA
  • 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


Domain name registrar not immune from trademark owner's infringement, ACPA claims
  • Proskauer Rose LLP
  • USA
  • 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


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


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


Courts split on assent to web loyalty programs
  • Proskauer Rose LLP
  • USA
  • September 30 2010

In In re Easysaver Rewards Litigation (S.D.N.Y. Aug. 13, 2010), the district court refused to dismiss a class action alleging breach of contract and fraud claims against an online retailer and the third party provider of a online rewards program


Web site owner's assertion of CDA Section 230 in response to defamation claim not an extortionate threat
  • Proskauer Rose LLP
  • USA
  • September 30 2010

A Web site operator's assertion of Section 230 of the Communications Decency Act in response to a demand that allegedly defamatory third-party content be removed from its consumer complaint site does not constitute an extortionate threat under California law, a district court ruled