Battle of the Pop Ups and round one.....

[sarettah]

http://story.news.yahoo.com/news?tmpl=stor.../tech_popups_dc

Judge Rebuffs Legal Challenge to Pop-Up Ads
2 hours, 46 minutes ago Add Technology - Reuters to My Yahoo!
By Peter Kaplan

WASHINGTON (Reuters) - A federal judge has rejected a legal challenge by truck and trailer rental company U-Haul to pop-up Internet advertisements, in a ruling that could embolden providers of the ads.

U.S. District Judge Gerald Bruce Lee, in a ruling handed down on Friday, dismissed U-Haul's lawsuit, which sought to ban software by Internet advertising company WhenU that launched rival pop-up ads when customers access U-Haul's Web site.

Lee said the ads don't violate the law because WhenU's software didn't copy or use U-Haul's trademark or copyright material, and because computer users themselves had chosen to download the pop-up software.

"While at first blush this detour in the user's Web search seems like a siphon-off of a business opportunity, the fact is that the computer user consented to this detour when the user downloaded WhenU's computer software from the Internet," Lee said.