AdWare Companies Did Not Break Law

[David Farber <dave () farber net>]

Begin forwarded message:

From: Randall <rvh40 () insightbb com>
Date: June 30, 2005 4:24:34 PM EDT
To: Dave <dave () farber net>
Cc: cyberia <CYBERIA-L () LISTSERV AOL COM>
Subject: AdWare Companies Did Not Break Law



Court: Adware Companies Not Breaking Law
By ANICK JESDANUN, AP Internet WriterWed Jun 29, 8:24 PM ET

Adware companies do not break trademark laws when they use a retailer's
Web address to trigger coupons and other ads for rivals' products, a
federal appeals court has found.

The 2nd U.S. Circuit Court of Appeals becomes the nation's highest court
to rule on a fundamental practice of adware companies that serve up
pop-up and other ads based on sites users visit. Lower courts around the
country had issued conflicting opinions.

In 1-800 Contacts Inc.'s lawsuit against adware provider WhenU.com Inc.,
the appeals court likened WhenU's ads to retail stores that place
generic competitors next to brand-name products.

Though the case did not directly address consumer frustration over
adware, which often gets onto computers without their owners' full
knowledge, the court said it viewed WhenU's ads as authorized.

The ruling may not, however, fully apply to many of the trademark
disputes involving adware companies or such search companies as Google
Inc. that target ads based on search terms, including brand names.


--
My aim is to agitate and disturb people. I'm not selling bread, I'm
selling yeast. -Miguel de Unamuno, writer and philosopher (1864-1936)



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