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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


Not all fun and games in copycat litigation
  • King & Wood Mallesons
  • USA
  • September 11 2014

The gaming industry (and gamers) will be watching two recent US cases with great anticipation. In these cases, law suits have been brought against


Second Circuit clarifies “use in commerce” requirement for trademark infringement claims involving keyword advertising
  • Katten Muchin Rosenman LLP
  • USA
  • December 17 2009

On April 3, the U.S. Court of Appeals for the Second Circuit reversed a dismissal by the U.S. District Court for the Northern District of New York of a lawsuit filed by Rescuecom Corp. against Google Inc., thus forcing Google to defend itself and its AdWords and Keyword Suggestion Tool programs against Rescuecom’s allegations of trademark infringement


You twit face! Protecting your IP in the world of YouTube, Twitter and Facebook: a practical protection guide for the IP owner
  • Gardere
  • USA
  • January 22 2010

Social media sites such as YouTube, Twitter and Facebook present significant opportunities for individuals and businesses to communicate with extensive numbers of people in ways never before envisioned


Depiction of student athlete in videogame deemed actionable under California right of publicity statute
  • Proskauer Rose LLP
  • USA
  • April 14 2010

The inclusion of a character in a videogame that corresponded to a student athlete is actionable under the California right of publicity statute, a district court held


Courts divided over whether unauthorized use of password violates the DMCA
  • Steptoe & Johnson LLP
  • USA
  • April 23 2010

The U.S. District Court for the Northern District of California recently held in Actuate Corp. v. International Business Machines Corp. that the unauthorized posting of passwords or license keys to copyrighted work violates the Digital Millennium Copyright Act by "circumventing a technological measure that effectively controls access to a copyrighted work."


Google: the benign monopolist?
  • White & Case LLP
  • Global, USA
  • November 20 2009

There is something about copyright which evokes passion


The myth of free use of social media content
  • Thompson Coburn LLP
  • USA
  • July 11 2013

Many people assume that social media embodies a big twist a broad exemption from legal liability, for everyone's benefit. There seems to be a


Sony BMG Music Entertainment, et al. v. Tenenbaum
  • Loeb & Loeb LLP
  • USA
  • December 16 2009

In a file-sharing copyright infringement action, the court grants plaintiff record companies’ motion for summary judgment on the issue of defendant’s fair use defense


Posting information on MySpace a “publication” regardless of number of viewers
  • Winston & Strawn LLP
  • USA
  • December 18 2009

The Minnesota Court of Appeals held that the posting of information on a MySpace.com page, which was viewable by anyone with an Internet connection, constituted dissemination of information to the public even if only a few people actually saw it