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  • 标题: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
  • 本地全文:下载
  • 作者:Jason Allen Cody
  • 期刊名称:Journal of Technology Law & Policy
  • 电子版ISSN:1087-6995
  • 出版年度:2004
  • 卷号:4
  • 语种:English
  • 出版社:University of Pittsburgh School of Law
  • 摘要: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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