How Pop-Up Ruling Impacts Trademark Law On The Internet

Law360, New York (July 21, 2005, 12:00 AM EDT) -- On June 27, 2005, pop-up ad companies won a major victory in the U.S. Court of Appeals for the Second Circuit concerning allegations of trademark infringement.  In reversing and vacating a preliminary injunction issued by the U.S. District Court for the Southern District of NewYork, and dismissing the plaintiff’s trademark infringement claims, the first federal appellate court in the country to address the issue has held that a pop-up ad company does not “use” trademarks (as trademarks) when  it generates pop-up ads for  the trademark owner’s...
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