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Gator Chomps First, Sues Internet Advertising
Bureau
by Kevin Featherly
Tuesday, August 28, 2001
Under fire from the Internet Advertising Bureau (IAB) for
placing pop-up ads that intentionally hide online banner ads, Gator.com is shooting
back. The company has filed suit against the IAB, seeking a judge's ruling that
it is doing nothing illegal.
Gator lawyers also are asking for a gag order against IAB representatives
they claim have disparaged the company in news accounts, including one story
that Newsbytes published last week.
Gator provides software that its customers use as a "companion"
to their Web browsers, helping them shop and make purchases online. The service
is advertising-supported, and as a new wrinkle on it, Gator recently began selling
a limited number of pop-up banner ads to its own set of clients. Thus, when
a Gator software user goes online, Gator-placed ads automatically pop into view,
nestling snugly over the top of existing banners, obscuring them completely.
The IAB has made its position plain – it wants the practice
to stop. Last week, the group raised the possibility that one or more of its
members might sue Gator.com, and that it might file a claim against Gator with
the Federal Trade Commission.
Today, the IAB turned up the heat, issuing a press release accusing
Gator of trademark-, intellectual property- and copyright infringements when
it hides ads that IAB clients paid to have placed on Web sites. "The Interactive
Advertising Bureau ... intends to immediately pursue options on behalf of its
members with the appropriate federal agencies," the press release said.
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full article at BizReport.com ...