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The 2nd Circuit has rejected a trademark infringement action brought against a company that causes "pop-up" advertisements to appear on a plaintiff's Web site. A panel found that causing pop-up ads, even ads for companies in direct competition with the business of the aggrieved plaintiff, does not amount to a "use" within the meaning of the Lanham Act. The case has been closely watched by Internet marketers and retailers with several weighing in with amicus briefs.
July 01, 2005 at 12:00 AM
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The original version of this story was published on Law.Com
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