IPKat reports on a German decision granting a preliminary injunction in Hertz’s suit against pop-up advertiser Claria (the company formerly known as Gator Corp.): Squeeze the Former Gator til it Really Hertz
a court in Cologne, Germany, granted Hertz Germany an injunction against Claria (formerly known as Gator), ordering that company to stop feeding its pop-up ads for Hertz’s competitors on to Hertz’s website. The court found that this infuriating practice breached provisions of the German Unfair Competition Act (Gesetz gegen den unlauteren Wettbewerb, or UWG)
A rough translation of the German statute into English is available through Google translate as Law against the mean competition.
In the US, cases against Claria are pending, after they were consolidated by the Judicial Panel on Multidistrict Litigation.
In cases against pop-up advertiser WhenU, courts have reached divergent results. In the Southern District of NY, 1-800 Contacts obtained a preliminary injunction against WhenU and VisionDirect on trademark grounds. In the Eastern District of Michigan, U-Haul was denied a preliminary injunction against WhenU.
(via The Trademark Blog)
