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Results: 1-10 of 113

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


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


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


No trademark infringement in search engine's sale of trademarks to generate search advertisements
  • Proskauer Rose LLP
  • USA
  • September 30 2010

A search engine's sale of trademark terms to third parties to generate search advertisements does not constitute trademark infringement, a district court ruled


E-mail may satisfy writing requirement under New York real estate Statute of Frauds
  • Proskauer Rose LLP
  • USA
  • January 11 2011

An e-mail may be sufficient to satisfy the New York real estate Statute of Frauds requirement that a conveyance or contract concerning real property be in writing, a New York appellate court ruled


Online auction site protected from liability for alleged breach of auction rules by auctioneer
  • Proskauer Rose LLP
  • USA
  • January 11 2011

The operator of an online auction site is protected by Section 230 of the Communications Decency Act from claims negligence and tort claims based on allegations that an auctioneer reopened bidding on an auction in violation of the site's rules, a district court ruled


FACTA credit card truncation requirements do not apply to e-mail order confirmations
  • Proskauer Rose LLP
  • USA
  • April 14 2010

The requirement of the Fair and Accurate Credit Transactions Act that certain credit and debit card information be truncated on printed receipts does not apply to e-mail order confirmations, a district court ruled


Under Arkansas law, insurance law writing requirement satisfied by online transaction
  • Proskauer Rose LLP
  • USA
  • May 5 2011

A requirement in the Arkansas law that a rejection of medical benefits in an automobile insurance policy be in writing is satisfied by an electronic form completed online, the Arkansas Supreme Court ruled


Advertiser settles deceptive advertising charges stemming from undisclosed payments for online reviews
  • Proskauer Rose LLP
  • USA
  • May 5 2011

An advertiser that paid affiliates to post favorable reviews of its product in online articles, blog posts and other online editorial material without disclosing the arrangement agreed to pay a $250,000 fine to settle deceptive advertising charges brought by the Federal Trade Commission


Assent to newspaper’s online privacy policy did not constitute waiver of right to anonymous speech
  • Proskauer Rose LLP
  • USA
  • April 14 2010

An anonymous commenter's assent to a newspaper's online privacy policy did not constitute a waiver of the commenter's right to anonymous speech, a district court ruled