Volume I

Issue : 1: July 10, 2003

• The Dangers of Text Messaging
• Pop Up Purveyor Prevails in District Court
• Intel Loses Email Trespass Case on Appeal in California
• U.S. Court of Appeals Upholds Aimster Decision
• U.S. Federal Court of Appeal Reverses "Must Carry" Java Order Against Microsoft
• New York Court of Appeals Releases Key Decision in Telecommuting Case
• Quebec Court Upholds Websites Terms of Use Based on Implied Consent
• Adware Company Wins U.S. Summary Judgment Against U-Haul
• Government of Canada Wins Back Dot-Ca Domain Names in CDRP Proceeding
• Industry Canada Releases Authentication Consultation Report
• U.S. Supreme Court Upholds CIPA in Software Filtering Case
• U.S. Supreme Court Declines to Hear Two Key Cases
• Doctor Suspended Over Prescribing Medication For Customers of Online Pharmacies
• U.S. Court of Appeals Overturns Texas Online Wines Sales Law

Home > Volume I > Issue 1: July 10, 2003 > Pop Up Purveyor Prevails in District Court

Pop Up Purveyor Prevails in District Court

In Wells Fargo & Co., et al., v. WhenU.com, Inc, a federal judge has denied Wells Fargo & Co.'s ("WFC") motion for a preliminary injunction seeking to stop WhenU.com, Inc. ("WhenU") from delivering competitive ads to WFC's customers in the form of "pop-ups" as they peruse WFC's on-line financial services, saying that Internet users were unlikely to be confused by the competitive information.

WFC and Quicken Loans sued WhenU arguing that the pop-up ads obscure their websites, violate their trademarks and confuse visitors. U.S. District Court judge Nancy Edmunds disagreed and found that WhenU is engaged in legitimate comparative advertising.

WhenU's software is offered as an incentive to download screen savers free of charge, and it allows WhenU to deliver contextually relevant advertisements to customers as they demonstrate interest in certain products or services online. It is able to do this without assembling large databases containing personal information gathered by tracking users' past purchasing behaviour, which led the court to find that, contrary to WFC's allegations, WhenU protects the privacy and security of its users. This decision serves to reinforce a recent ruling in favour of WhenU in a similar case brought by U‑Haul International Inc. this past September.

For a full copy of the District Court decision, visit:

http://www.mied.uscourts.gov/_opinions/Edmundspdf/NGE03cv71906WhenU.pdf