Just When U Thought it was All Over, Gator's Kin Pops Up and Slides Out of Dangerous IP Waters (for the Most Part): A Review of Two Online Pop-Up Advertisers and 4 Internet Law Decisions

Jason Allen Cody


This Article follows on the heels of an article I recently wrote that focuses on the online advertising activities of The Gator Corporation and legal implications of the preliminary injunction issued in that case.4 I previously concluded that Gator’s pop-up advertising scheme did not violate copyright law,5 but that it did violate trademark law, based in large on survey results showing significant consumer confusion at that point in time.6 To remove consumer confusion, I recommended that Gator: (1) notify Internet users more prominently about downloading Gator software; (2) remind consumers that they authorized pop-up ads to appear; (3) adequately display its trademarks in its pop-up ads; and (4) disclaim affiliation with URLs that have not authorized its ads.7

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DOI: https://doi.org/10.5195/tlp.2004.8


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