Langsung ke konten utama

No Interim Injunction Against Online Contextual Advertising (“Pop-Ups”), Merely The Deal Goes On

A federal courtroom has dismissed Wells Fargo's application for interim injunctive relief against WhenU, a software maker that launched competition pop-up advertisements when customers accessed the bank's website. Said Judge Nancy Edmunds (US District Court of Michigan, Southern Division): "the fact that but about WhenU advertisements look on a reckoner concealment at the same fourth dimension the plaintiffs' spider web pages are visible inward a class window does non industrial plant life a piece of job inward commerce of the plaintiffs' marks". The banking concern alleged copyright together with merchandise score infringement.

WhenU makes software that tracks the stimulate of websurfers together with serves upwardly targeted advertisements to those who are probable to brand a purchase. For example, an advertizing for go site Priceline.com might look spell a surfer is visiting Travelocity.com. The software is bundled amongst other pop downloads such every moment peer-to-peer software BearShare or conditions applications, that consumers piece of job for costless past times agreeing to have occasional ads. About xxx meg cyberspace users convey WhenU's software on their desktops. Said the judge: “The fact is that the reckoner user consented to this detour when the user downloaded WhenU's reckoner software. While pop-up advertising may crowd out the U-Haul promotion concealment through a class window, this deed is non merchandise score or copyright infringement, or unfair competition".

Wells Fargo described this determination every moment "a set-back" for consumers: "This course of pedagogy of advertising tin create confusion for impacted customers who view fiscal sites together with believe the offers they are receiving are from that fiscal institution", said a Wells Fargo representative. "The source of these pop-up advertisements may non ever last clear to the customer. It's of import for customers to know who they are dealing amongst online, together with nosotros took activity to eliminate this source of confusion for our customers". No courtroom appointment has nonetheless to last ready for the total trial.

, despite its instinctive together with deep-rooted dislike of all pop-up advertisements, is keeping an opened upwardly heed on the lawsuit of the side past times side circular of this litigation since neither the copyright nor the merchandise score issues are susceptible of slow resolution.

How to kill pop-up ads here, here and here
Things that pop upwardly here, here and here


Komentar

Postingan populer dari blog ini

But Volition They Accept 10 Light-Green Bottles?

Ananova reports that Coca Cola is to function inwards the online music business. Next calendar month it volition launch mycokemusic.com with 250,000 tracks from 8,500 artists, though details of who the performers volition hold upwardly convey non been released. This comes hot on the heels of the tidings final calendar week that Coke is to sponsor the U.K. singles in addition to album charts. Said the Coca-Cola marketing director: “Consumers convey told us that downloading music is confusing in addition to complicated in addition to what they desire is an easy, simple-to-use downloadable service from a trusted brand.” is interested to run into whether a reputation in addition to trust that has been built upwardly inwards a build in addition to a merchandise score used on soft drinks volition transfer successfully to something every bit hi-tech every bit music downloads. He tin foresee though that the icon that has been built upwardly simply about Coke the drinkable could atomic ...

Hot Off The Press

The August/September 2004 final result of Legalease's bimonthly Advertising, Marketing & Branding Law Journal contains only about highly attractive together with relevant content. Features inward this final result include * "Copyright -- No Laughing Matter" past times prize-winning essayist Timothy Pinto (Taylor Wessing), on the set of parodies nether copyright law; * "Infringement -- Divine Inspiration" past times Andy Korman (Hammonds), on ways of ambush marketing ("Shame" says the IPKat); * Internet -- All Keyed Up" past times Christopher Kelly (Wiley, Rein & Fielding) on recent illustration constabulary on the role of keywords inward cyberspace advertising; * "EU regulations -- that's together with thus unfair" past times Phil Murphy of the Advertising Association, on developments relating to the Unfair Commercial Practices Directive.

Plumber's Illustration Non Then Watertight

Paul Davidson, the trader known equally "the Plumber", is appealing against a High Court summary judgment that he breached his fiduciary duties to a society which held the patent to a revolutionary pipe-fitting device. The breach resulted from his component subdivision at Easyrad, where he held a 52% stake. Davidson was sued past times other owners of Easyrad, afterwards he sold a patent belonging to Easyrad to some other company, Oystertec before its flotation inwards 2001. Davidson was a manager of Oystertec at the float, exactly has since stepped down. The claimants alleged Davidson pulled out of a care to pay them for their part of the patent ownership. The judgment says it is clear from correspondence "they were willing to surrender their shares inwards Easyrad for a global compensation inwards the part of £715,000". Davidson allegedly sold the patent to Oystertec for a nub believed to hold out £3m, exactly refused to compensate the other owners. Davidson is ne...