Law on pop-up ads remains unclear

Pop-up advertisements continue to be used extensively
on the Internet, even though less than 20% of users actually click through the
advertisements. In addition, more and more companies have attempted to thwart
this type of competitor advertising on their websites, claiming infringement
of both copyrights and trademark rights. However, Rochelle D Alpert of Morgan
Lewis & Bockius LLP in San Francisco explains that the legal status of pop-up
ads remains unclear as the few court decisions issued to date have come to quite
different conclusions.

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