-------- Original Message -------- Subject: Wrestling 'gators Date: Sun, 20 Feb 2005 21:16:09 -0800 From: Leigh Meyers <leighcmeyers@private> To: Declan <declan@private> Courtesy of FindLaw: www.findlaw.com U.S. 9th Circuit Court of Appeals GATOR.COM CORP. v. L.L. BEAN, INC. (02/15/05 - No. 02-15035) A declaratory judgment action, initiated to determine the legality of a software vendor's pop-up advertising program used on a website, is rendered moot by a settlement under which the vendor permanently modified its software and the website owner relinquished all claims. <Synopsis by excerpt> Gator.com Corporation1 is the proprietor of a software program that enables computer users to store personal information—including addresses, credit card numbers, and passwords—in a “digital wallet.” When a website prompts the user for such information, Gator’s digital wallet automatically inputs it. The program also provides users with discount coupons and other special offers that “pop up” on the computer screen when the user visits certain websites preselected by Gator. Until November 20, 2004, one of the targets of Gator’s pop-up advertisements was the website operated by L. L.Bean, Inc., a clothing manufacturer that sells its products over the Internet, via a mail-order catalog, and in retail stores. When a user of computer equipment on which the Gator software was installed visited L. L. Bean’s website, the program triggered a discount coupon for Eddie Bauer—an L. L. Bean competitor—to appear on the screen. In a cease-and-desist letter sent to Gator in March 2001, L.L. Bean alleged that these pop-up advertisements misappropriated the good will associated with its trademark and threatened to initiate legal action if Gator did not discontinue this advertising practice. Gator responded by filing suit against L.L. Bean in the United States District Court for the Northern District of California. Gator requested a declaratory judgment that its program “does not infringe or dilute, directly or contributorily, any trademark held by [L. L. Bean] and does not constitute unfair competition, a deceptive or unfair trade or... <...> 1) Gator.com Corporation is now known as the Claria Corporation. For ease of reference, it will be referred to as “Gator” throughout. <...> http://caselaw.lp.findlaw.com/data2/circs/9th/0215035p.pdf ====== _______________________________________________ Politech mailing list Archived at http://www.politechbot.com/ Moderated by Declan McCullagh (http://www.mccullagh.org/)
This archive was generated by hypermail 2.1.3 : Mon Feb 21 2005 - 21:51:25 PST