Tag Archives: clickwrap

Court of Justice of the EU Upholds Exclusive Jurisdiction Clauses in B2B ‘Click-wrap’ Contracts

The Court of Justice of the EU (‘CJEU’) has held that an exclusive choice of forum clause can validly be imposed by so-called “click-wrap” contracts in online B2B transactions (see Case C‑322/14, El Majdoub v. CarsOnTheWeb.Deutschland GmbH).   The ruling will make it easier for online businesses in the EU to impose a favorable choice of … Continue Reading

Clickwrap Agreement Found Sufficient to Transfer Copyright Ownership

In a case of first impression, the U.S. Court of Appeals for the Fourth Circuit recently held that accepting a website’s terms of use through a so-called “clickwrap” agreement constitutes a signature for purposes of effecting a transfer of copyright. The case, Metropolitan Regional Information Systems, Inc. v. American Home Realty Network, Inc., revolved around … Continue Reading
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