DM News: Adware Advertisers Catch Legal Fire
In a piece that otherwise rehashes the white hat adware debate (is it contextual advertising, or is it unfair infringement?), DM News drops in the fact that direct marketer eDiets is suing its ad agency Soho Digital for having conducted its adware campaign. eDiets and adware purveyor 180Solutions had been sued by Weight Watchers for advertising via pop-ups or pop-unders when visitors visited the plaintiff's site. eDiets just made a very public 180 of its own, apologizing for having used adware and indicating it will write into its affiliate agreement a general prohibition.
Shifting credit to its vendors, eDiets is now showily suing its ad agency, Soho Digital, a New York firm dealing almost exclusively in contextual targeting for such fly-by-night clients as NBC, Kraft and Verizon. eDiets did not say whether or not the suit against its agency was made part of the settlement. Soho now finds itself accused of breach of contract and negligence.
