Judge Says Pop-ups Legal
A federal judge said adware maker WhenU.com’s pop-up advertising does not infringe on the trademarks and copyrights of Web site publishers, in the first legal ruling favoring desktop advertising companies in their fight with Web site operators.
U.S. District Court Judge Gerald Bruce Lee released the opinion on Friday, two months after issuing a summary judgment in a case brought against WhenU by U-Haul. The moving company alleged WhenU violated its copyrights and trademarks by displaying pop-up advertisements when a user visited the U-Haul Web site. In his written opinion, Lee clearly sided with WhenU, which argued that Web surfers control their own computers and what appears on them.
Lee ruled that the pop-up ads do not violate a Web site publisher’s trademark or copyright, since they appear in a separate window and are labeled as WhenU ads.
June 19th, 2009 at 12:30 pm
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