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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


Ohio State University Seeing Scarlet in Trademark Suit against Online Marketplace
  • Proskauer Rose LLP
  • USA
  • December 21 2016

Ohio State University ("Ohio State," "University," or "OSU") recently threw the proverbial yellow flag and filed a complaint in the Ohio federal


Pretty Boy's right of publicity lawsuit ain't pretty, says World Wrestling Entertainment
  • Proskauer Rose LLP
  • USA
  • May 23 2012

Wrestler "Pretty Boy" Somers earned his ring name for his curly blonde locks when he appeared in American Wrestling Association ("AWA") events in the 1970s and '80s


Implied license, fair use, held meritorious defenses in online newspaper article copyright infringement action
  • Proskauer Rose LLP
  • USA
  • January 11 2011

The implied license and fair use defenses raised by the operator of an online forum are meritorious defenses that warrant reopening a default judgment for copyright infringement, a district court ruled


Just a drop of gas left in antitrust suit against NASCAR
  • Proskauer Rose LLP
  • USA
  • February 22 2010

Can sports companies freely steer their biggest events to any location they desire or might antitrust laws mandate a different determination as to where such events are held?


Ex-footballers sacked on first play from scrimmage in antitrust lawsuit against the NCAA
  • Proskauer Rose LLP
  • USA
  • July 27 2012

Between talks of changing the BCS playoff structure, student athletes trading jerseys for tattoos, and convicted sex offenders scaring away star recruits, the harsh glare of the national spotlight seems to almost always be on the National Collegiate Athletic Association ("NCAA"), its member institutions and its top student-athletes


Tripping the light cran-tastic: Ocean Spray washes away attempted class certification
  • Proskauer Rose LLP
  • USA
  • April 9 2015

Class certification in false advertising cases often fails due to problems with the class itself such as ascertainability. But what happens when a


California Court to PGA Tour Caddies: You'll Get Nothing and Like It!
  • Proskauer Rose LLP
  • USA
  • March 31 2016

As the full swing of the PGA season rounds the corner, and with the azaleas blooming at Augusta, the trusted confidants of golf's premier players


Court’s Maine message to plaintiff suing Poland Spring: you don’t have a leg to stand on
  • Proskauer Rose LLP
  • USA
  • April 7 2015

The District Court of Maine recently provided a reminder that - even in the post-Lexmark world of Lanham Act false advertising standing - Article III


California District Court Unplugs Duracell False Advertising Suit
  • Proskauer Rose LLP
  • USA
  • April 4 2016

Recently, Judge Lucy H. Koh of the Northern District of California dismissed a putative class action claiming that Procter & Gamble and Gillette