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Unwanted pop-up ads may get a court-ordered smack-down-at least for a group of media heavyweights. In July a federal judge in Virginia granted 16 companies a preliminary injunction that would temporarily prevent The Gator Corporation, an online marketing firm, from producing unauthorized pop-up ads over the companies’ Web sites. The plaintiffs, which include the publishers of The Washington Post, The New York Times, and The Wall Street Journal, argue that the pop-ups infringed on their intellectual property rights. Gator offers software that allows users to customize their on-line shopping procedures. However, the software also displays pop-up ads over targeted Web sites without permission. The plaintiffs allege that the Gator ads violate their copyrights and trademarks. Gator says that its products do not infringe upon any of the intellectual property belonging to the plaintiffs. The company argues that its service is similar to instant-messaging software, which users download with the understanding that messages will pop up over the sites that they are viewing. The plaintiffs seek unspecified monetary relief based on Gator’s revenue from the ads, as well as statutory and punitive damages. For all plaintiffs Gibson, Dunn & Crutcher (Los Angeles): Terence Ross and associates Claudia Osorio, Erin Schneider, and Hill Wellford III. (All are in the firm’s Washington, D.C., office.) Gibson, Dunn is regular counsel to Dow Jones & Company, Inc., and has represented several of the other plaintiffs in prior matters. For plaintiffs Washingtonpost. Newsweek Interactive (Arlington, Virginia) and The Washington Post Company (Washington, D.C.) In-house: Washingtonpost.Newsweek Interactive general counsel and vice president-business development Clifford Sloan and assistant counsel Cary Eure. For plaintiffs Gannett Satellite Information Network, Inc. (McLean, Virginia) and Media West-GSI, Inc. (Reno) In-house: Gannett Co., Inc., vice president and senior legal counsel Barbara Wall. For plaintiffs The New York Times Company (New York), NYT Management Services (Tampa), and Globe Newspaper Company, Inc. (Boston) In-house: The New York Times Company deputy general counsel and New York Times Digital vice president and general counsel Kenneth Richieri. For plaintiffs Dow Jones & Company, Inc. (New York), Dow Jones L.P. (Chicopee, Massachusetts), and Smartmoney (New York) In-house: Dow Jones assistant general counsel Patrice Ettinger and Nancy Gillespie. For plaintiff Tribune Interactive, Inc. (Chicago) In-house: Tribune Company senior counsel-interactive Michael Lufrano. For plaintiffs Knight Ridder Digital and KR U.S.A., Inc. (San Jose) In-house: Knight Ridder, Inc., general counsel and vice president Gordon Yamate. For plaintiffs Cond�Net, Inc. (New York), American City Business Journals, Inc. (Charlotte, North Carolina), and Cleveland Live, Inc. (Cleveland) Sabin, Bermant & Gould (New York): Jerry Birenz. Sabin regularly represents Advance Publications, Inc., the parent company to these three plaintiffs. For defendant The Gator Corporation (Redwood City, California) In-house: General counsel and vice president- legal affairs L. Scott Primak. Cooley Godward (Palo Alto): Janet Cullum, Thomas Friel, Jr., and Michael Klisch. (Friel is in San Francisco; Klisch is in Reston, Virginia.) OUTLOOK At press time a November trial was expected. -Michael Flynn

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