Pop Up Madness: Does IP Law Really Care?

May 2004

Everyone's mad about pop-up ads. But does such madness translate into infringement under copyright or trademark law? In summary, copyright law appears mostly inappropriate as a basis for stopping pop-up advertisements. Similarly, trademark law cannot prevent pop-up ads simply because they are annoying. Nevertheless, where consumer confusion is likely, trademark law should prove useful in combating the pop-up "Mads."

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