Pop-Up Ad Litigation Strategy: Forums, Claims and Defenses

Aug 2004

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 ownersand 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.