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Results: 1-10 of 59

Computer file extension functional, therefore not protectable as trademark
  • Proskauer Rose LLP
  • USA
  • April 14 2010

A computer file extension is inherently functional, therefore a software company that utilizes a particular file extension to designate files that are accessed by its proprietary software may not protect the letters comprising the file extension as a trademark, a district court ruled


Internet subscriber lacks privacy interest in isp account information sought by plaintiff in copyright infringement action
  • Proskauer Rose LLP
  • USA
  • July 29 2010

An Internet service subscriber lacks a privacy interest in account information sought in a subpoena served upon the subscriber's Internet service provider, a district court ruled


Web site that created and delivered unverified checks at direction of users violated FTC act
  • Proskauer Rose LLP
  • USA
  • July 29 2010

A company that operated a Web site that created and delivered unverified checks at the direction of users violated the unfair practices provisions of the Federal Trade Commission Act, the U.S. Court of Appeals for the Ninth Circuit ruled


Under New York law, vendor’s specific representations of software functionality support claim for fraudulent inducement
  • Proskauer Rose LLP
  • USA
  • July 29 2010

Specific representations made by a salesman concerning the functionality of a software system which the purchaser alleges was inadequate for its purposes support the purchaser's claim for fraudulent inducement, a district court ruled


Software user does not acquire knowledge of trade secrets embodied in source code
  • Proskauer Rose LLP
  • USA
  • July 29 2010

A user of software containing source code misappropriated by the software developer from a competitor does not thereby acquire the requisite knowledge of the trade secrets embodied in the source code so as to violate the California Uniform Trade Secrets Act, a California appeals court ruled


EU privacy agency issues opinion on online behavioral advertising
  • Proskauer Rose LLP
  • European Union
  • July 29 2010

The European Union's Article 29 Data Protection Working Party has issued an opinion clarifying the applicability of the EU privacy framework to online behavioral advertising


No Fourth Amendment violation in government administrative subpoena to ISP for subscriber information
  • Proskauer Rose LLP
  • USA
  • July 29 2010

An administrative subpoena served upon a defendant's Internet service provider to obtain his subscriber information did not violate his Fourth Amendment rights, the U.S. Court of Appeals for the Fourth Circuit ruled, because the defendant had no reasonable expection of privacy in his subscriber information


Cost of examining third-party computers to locate and delete misappropriated files not compensable under CFAA
  • Proskauer Rose LLP
  • USA
  • July 29 2010

A plaintiff who claimed that his files were copied without authorization from a purloined "thumb drive" and onto various third-party computers failed to show a compensable loss under the Computer Fraud and Abuse Act because he failed to show that the thumb drive was somehow damaged or impaired by the defendant's act of accessing the drive, a district court ruled


Allegations of increased exposure to identity theft risk insufficient to maintain negligence, breach of contract claims
  • Proskauer Rose LLP
  • USA
  • July 29 2010

A complaint alleging negligence, breach of contract and other claims stemming from a breach in the security of personal information in the hands of a retailer was legally insufficient because the plaintiff failed to show that the loss of his personal information harmed him in a legally cognizable way, the U.S. Court of Appeals for the Ninth Circuit ruled


Third-party civil discovery subpoena to web mail and social networking providers unenforceable under Stored Communications Act
  • Proskauer Rose LLP
  • USA
  • July 29 2010

A third-party civil discovery subpoena issued to providers of Web mail services and social networking services is unenforceable under the Stored Communications Act, a district court ruled