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August 26, 2004

are popup ads illegal (or just annoying?)

from Netlaw Blog:

Jason Cody, an associate with Oblon, Spivak, McClelland, Maier & Neustadt, has an article surveying the case law and making some suggestions in FindLaw's Modern Practice.

Over the past two years, courts have decided four pop-up advertising cases. The results have been mixed -- two decisions in favor of pop-up advertisers and two decisions in favor of website owners -- and whether pop-up advertising violates the intellectual property rights of website owners remains mostly unresolved. Nonetheless, courts have provided some insight into factors important to both sides of this Internet law quagmire. Namely, pop-up advertising litigants now have a better idea about the courts in which they would prefer to litigate and the claims and defenses that possess the most merit. The following chart summarizes the results of and factors in the four pop-up advertising cases.



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Posted by Douglas Sorocco at 05:33 PM.
Permalink: are popup ads illegal (or just annoying?)
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Comments

On the popup being annoying (non-legal) topic...the FireFox browser seems to block every on I have seen, and the new Internet Exploder (in XP Service Pack 2) does a 50% better job than the current IE. Thus...there are some options to combat the annoyance.

Posted by: Nipper at August 27, 2004 12:00 AM