CNET says: “The early decision could influence lawsuits involving a more well-known ad-software, or “adware,” company, Gator Corporation.” In February, Gator settled a case brought by among other media companies, Dow Jones, which publish the newspaper, website and magazine I write for. Other lawsuits, CNET says, have been consolidated and will be decided by the Judicial Panel on Multidistrict Litigation in Washington, D.C.
Good news for Gator, the adware company I wrote about a few weeks back. According to CNET News.com a federal court has ruled that pop-up ads for rivals of U-Haul International, placed atop the moving company’s own site by a third-party software application from WhenU.com, are legal.
Although the case doesn’t involve Gator Corp, it may well have an impact on them. Gator, like WhenU.com, peddles an Internet “helper” application that dishes ads up to people while they are surfing the Web or visiting specific sites — usually over the top of, or near, those of rivals. The judge granted WhenU’s motion to dismiss charges of trademark infringement, unfair competition and copyright infringement.