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Pop-up Advertisement Litigation Strategies
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.
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