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Results: 11-20 of 114

Under New York long-arm statute, copyright owner's location is situs of copyright harm from online infringement
  • Proskauer Rose LLP
  • USA
  • May 5 2011

Under N.Y.C.P.L.R. 302(a)(3)(ii), which provides for long-arm jurisdiction in cases involving out-of-state tortious acts that cause harm within the State, where unauthorized copies of copyrighted works are posted on Web sites outside New York, the situs of the resulting injury is the location of the copyright owner


Google Books settlement would usurp congressional role in revising copyright law
  • Proskauer Rose LLP
  • USA
  • May 5 2011

Judge Chin found that the settlement was not "fair, adequate and reasonable," as required by the federal rules, and suggested that it might be able to be approved if it was changed to an opt-in, rather than an opt-out, settlement


CDA 230 protects blog owner from liability for third-party comment
  • Proskauer Rose LLP
  • USA
  • May 5 2011

The court ruled the owner of a blog is not liable for an alleged defamatory comment even if the owner viewed and approved the comment prior to publication on the blog


Employer may have violated Lanham Act, state right of publicity, in impersonation of employee on social media
  • Proskauer Rose LLP
  • USA
  • May 5 2011

An employer that is alleged to have posted messages impersonating an employee on her personal Facebook and Twitter pages while she was recuperating from an accident may be liable under the Lanham Act for false endorsement and under the Illinois right of publicity, a district court ruled


FTC finalizes settlement with Twitter for failure to safeguard consumer personal information
  • Proskauer Rose LLP
  • USA
  • May 5 2011

The charges arose out of lapses in the security of the social networking site's administrative accounts, which enabled hackers to gain access to both administrative and customer accounts


In keyword advertising dispute, Ninth Circuit says trademark infringement requires more than initial interest confusion
  • Proskauer Rose LLP
  • USA
  • May 5 2011

Courts must be flexible in applying the law in the Internet context, the U.S. Court of Appeals for the Ninth Circuit emphasized in a dispute involving the use of trademark terms in keyword advertising


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


Massachusetts statute prohibiting distribution of electronic material deemed harmful to minors likely violates First Amendment
  • Proskauer Rose LLP
  • USA
  • January 11 2011

A Massachusetts statute prohibiting the distribution by electronic means of material deemed "harmful to minors" likely violates the First Amendment and therefore its enforcement should be preliminarily enjoined, a district court ruled


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


Excerpting and linking to online news article protected by fair use doctrine
  • Proskauer Rose LLP
  • USA
  • January 11 2011

A blogger's posting of an eight-line excerpt from a 30-line online newspaper article, coupled with a link to the full article on the newspaper Web site, is protected by the copyright fair use doctrine, a district court ruled