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Results:1-9 of 9

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.


Online retailers fail in facial constitutional challenge to New York State Online Sales Tax Law
  • Proskauer Rose LLP
  • USA
  • January 11 2011

Amendments to New York State's retail sales tax law aimed at requiring online retailers to collect state sales tax on purchases by New York residents is not facially unconstitutional, a New York appellate court ruled.


On remand from Supreme Court, Second Circuit reiterates ruling barring TCPA junk fax class actions under New York law
  • Proskauer Rose LLP
  • USA
  • September 30 2010

Class actions alleging violations of the "junk fax" provisions of the federal Telephone Consumer Protection Act may not be brought under New York law, because they are barred by N.Y.C.P.L.R. 901(b), the U.S. Court of Appeals for the Second Circuit ruled.


Adverse effect for CAN-SPAM standing shown by cost of processing spam e-mails
  • Proskauer Rose LLP
  • USA
  • July 29 2010

An ISP that had less than 1,000 customers for its Internet access and e-mail services established standing under the federal CAN-SPAM Act with evidence that it received 200,000 spam e-mails a day, that it spent $3,000 a month in fees to process the e-mails, and that it experienced occasional network slowdowns as a result of spam traffic, a district court ruled.


Near $2 million copyright damages verdict against non-commercial file-sharing defendant remitted as “gross injustice”
  • Proskauer Rose LLP
  • USA
  • April 14 2010

A $1,920,000 jury award of copyright damages against a "non-commercial individual" for distributing 24 copyrighted songs on a file-sharing network is a "gross injustice" that warrants remitting the verdict to three times the minimum statutory damages of $750 per song, or $2,250 per song ($54,000), a district court ruled.


Forum selection clause specifying state court venue operated as waiver of federal forum for claims under ECPA
  • Proskauer Rose LLP
  • USA
  • April 14 2010

A forum selection clause in an agreement for online services that required claims to be brought in the "courts of Virginia" operated as a waiver of a user's right to litigate claims under the Electronic Communications Privacy Act in a federal forum, a district court ruled.


Allegations that employee of Web site operator promised to remove defamatory content preclude summary judgment on promissory estoppel claim
  • Proskauer Rose LLP
  • USA
  • April 14 2010

Allegations by the plaintiff in a defamation action that a Web site operator's employee said she would "take care" of having false and defamatory profiles removed from the site were sufficient to create an issue of fact precluding summary judgment on the plaintiff's promissory estoppel claim, the district court ruled.



Kristen J. Mathews
  • Proskauer Rose LLP