CNET: German court: Pop-ups need permission
A German court issued an order stopping Claria from publishing without permission pop-up ads on top of the site of a German car rental firm. The German division of Hertz brought Claria to a Cologne court, charging that the American firm violated German unfair competition laws. The decision does not constitute a permanent legal victory for Hertz, although it indicates the court believes damage may be done to Hertz during the time it takes to hear the full case.
Claria and pop-up vendor WhenU have mostly prevailed in their civil legal challenges, although there have been some recent exceptions. Making the ground shifty is the fact that many of these cases use completely different grounds for litigation, ranging from alleged Trademark violations to unfair trade practices. The introduction of the European legal regimes into the ongoing battles make the ultimate outcome even murkier.
