Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Pop-up Advertisement Litigation Strategies

By Jonathan Bick
June 01, 2004

Originally, e-commerce businesses relied on banner advertising that appeared on Internet sites when users visited. Next, e-commerce merchants found that unsolicited bulk e-mailing (a.k.a. spam) was more effective, because it could be sent to Internet e-mail users. Now, e-commerce professionals have found that “pop-up” ads are more effective still, because they can be sent to every Internet user. Pop-up ads are advertisements that spontaneously appear on a personal computer screen when an Internet user accesses the Internet. Currently there is no effective regulation of pop-up advertisements and until their actions are regulated, civil litigation is the most viable option to stop pop-ups advertisements from invading the privacy of unknowing and unwilling Internet users.

Additionally, pop-up ads may result in a claim of violation of unfair competition and several intellectual property protection laws. Consequently, litigation should be considered, as it has in the case of Washingtonpost.Newsweek Interactive Co. v. Gator Corp., No. 02-909-A (E.D. Va. July 16, 2002) (disallowing the use of pop-up advertisements or the modification of a Web site without the consent of the Web site operators). Several anti-pop-up advertisement litigation strategies and their related defenses are considered in this article.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
New York's Latest Cybersecurity Commitment Image

On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.

Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office Image

A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.

The Bankruptcy Hotline Image

Recent cases of importance to your practice.

Bit Parts Image

Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights

How AI Has Affected PR Image

When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.