-------- Original Message -------- Subject: Wrestling 'gators Date: Sun, 20 Feb 2005 21:16:09 -0800 From: Leigh Meyers <[EMAIL PROTECTED]> To: Declan <[email protected]>
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 informationâincluding addresses, credit card
numbers, and passwordsâin a âdigital wallet.â
When a website prompts the user for such information, Gatorâs digital wallet
automatically inputs it. The program also provides users with discount coupons
and other special offers that âpop upâ on the computer screen when the user visits
certain websites preselected by Gator.
Until November 20, 2004, one of the targets of Gatorâs 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. Beanâs website, the program triggered a discount coupon for Eddie
Bauerâan L. L. Bean competitorâto 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 âdoes 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 âGatorâ 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/)
