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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


No dismissal under CDA Section 230 for ISP where good faith is challenged
  • Proskauer Rose LLP
  • USA
  • July 29 2010

An Internet service provider is not entitled to dismissal of a complaint alleging various theories of liability for blocking e-mails alleged to be spam, where the plaintiff's complaint called into question whether the ISP acted in good faith pursuant to Section 230 (c)(2) of the Communications Decency Act, a district court ruled


Download of copyrighted digital music file not a public performance under Copyright Act
  • Proskauer Rose LLP
  • USA
  • January 11 2011

Downloading a copyrighted digital music file does not constitute a public performance under the Copyright Act, the U.S. Court of Appeals for the Second Circuit 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


California single publication rule applies to web site right of publicity, Lanham Act claims
  • Proskauer Rose LLP
  • USA
  • 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


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


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."


Second Circuit refers question on situs of copyright injury under New York long-arm statute to New York Court of Appeals
  • Proskauer Rose LLP
  • USA
  • July 29 2010

The U.S. Court of Appeals for the Second Circuit has certfied a question concerning the applicability of the New York long-arm statute to online copyright infringement to the New York State Court of Appeals


Online clickwrap agreement unenforceable where customer warned company that non-executives had no contractual authority
  • Proskauer Rose LLP
  • USA
  • April 14 2010

A forum selection clause in an online clickwrap agreement is not enforceable against a customer that warned the Web site owner that it would not assent to such agreements, and that the customer's employees who accessed the site were not authorized to enter agreements on the customer's behalf, a district 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