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Results: 1-10 of 118

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


Ohio State tries to buck online t-shirt company
  • Proskauer Rose LLP
  • USA
  • November 12 2014

As the leaves change and fall temperatures drop, things are heating up in federal court where The Ohio State University has filed suit against


Early termination fee in contract for internet access not an invalid liquidated damages clause under California law
  • Proskauer Rose LLP
  • USA
  • January 11 2011

An early termination fee contained in a contract for Internet access services for a defined period is not an invalid liquidated damages clause under Cal. Civ. Code Section 1671, the U.S. Court of Appeals for the Ninth Circuit ruled


Music downloader's due process rights violated by copyright statutory damages award of $22,500 per song
  • Proskauer Rose LLP
  • USA
  • September 30 2010

A jury award of $22,500 per song, resulting in a total award of $675,000 in statutory damages against an individual who downloaded copyrighted music files on a peer-to-peer network, violated the individual's due process rights, where he reaped no pecuniary reward from the infringement and the infringement caused the plaintiffs "minimal harm," a district court ruled


Cable Networks throw copyright infringement haymaker at online streaming sites
  • Proskauer Rose LLP
  • USA
  • May 29 2015

The May 2nd bout between Floyd "Money" Mayweather and Manny "Pac-Man" Pacquiao(the "Fight") was billed as the most anticipated boxing match in recent


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


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


Be careful what you post about golf clubs; you may end up in the hole
  • Proskauer Rose LLP
  • USA
  • June 26 2010

The development of the Internet has had far-reaching effects on corporate America


California anti-spam statute not preempted by federal CAN-SPAM Act
  • Proskauer Rose LLP
  • USA
  • April 14 2010

Claims under California Business & Professions Code Section 17529.5, the California anti-spam statute, are not preempted by the federal CAN-SPAM Act, a district court ruled


Prohibition against web site scraping unenforceable, where terms of use were not readily accessible
  • Proskauer Rose LLP
  • USA
  • January 11 2011

A Web site operator could not enforce limitations on access set forth in its Terms of Use, where the ToU were not displayed on the site in a way in which a reasonable user could be expected to notice them, a district court ruled