German Court Blocks Gator Spyware 'Pop-up' Advertising
March 26 2004 - 11:00AM
PR Newswire (US)
German Court Blocks Gator Spyware 'Pop-up' Advertising - U.S.
Federal Court and State of Utah Also Take Action - ESCHBORN,
Germany and PARK RIDGE, N.J., March 26 /PRNewswire/ -- The Hertz
Corporation's German vehicle rental subsidiary, Hertz
Autovermietung GmbH, announced that the Court of First Instance in
Cologne has issued a preliminary injunction this month prohibiting
Claria Corporation from using its software to place advertising,
including "pop-up" and "pop-under" ads, on Hertz's website,
http://www.hertz.de/. Claria was previously known as Gator
Corporation. The court, citing sections of the German Act against
Unfair Competition, ruled that Claria must stop "placing or
allowing the placement of software-controlled automatic
advertisements ... on (Hertz') Internet page http://www.hertz.de/
without (Hertz') consent, in particular in the form of pop-up and
pop-under advertising windows." Each violation of the injunction
carries penalties of up to EUR 250,000 or up to six months
imprisonment. "Gator's unsolicited pop-up ads constitute an
unwarranted intrusion that disrupts Hertz's ability to do business
with online customers," said Remy Keijzer, General Manager of Hertz
in Germany. "We are gratified that the court in Cologne has
recognized that Hertz and its online customers are harmed every
time these ads appear, often without the full knowledge and consent
of individuals who may have inadvertently installed Gator's spyware
on their home computers," he added. The decision in Cologne is the
first court ruling in Germany related to so-called "adware"
software. It comes roughly three months after the U.S. District
Court for the Southern District of New York issued a preliminary
injunction, ruling that similar software created byWhenU, another
Internet adware company, violated trademark laws in the United
States. That decision is currently on appeal before the U.S. Second
Circuit Court of Appeals and Hertz, which is not a party to the
WhenU litigation, has filed an amicus curiae (friend of the court)
brief in support of the plaintiff companies suing WhenU. In
addition to the U.S. trademark protections currently available to
website owners, the State of Utah has enacted a new law that
provides additional protection from unwanted, spyware-driven
advertising. On March 24, 2004, Utah Governor Olene Walker signed
into law legislation, effective May 3, 2004, that creates a private
right of action in Utah for website and trademark owners subjected
to unsolicited spyware advertising on their proprietary websites.
Hertz is the world's largest general use car rental company with
approximately 7200 locations in over 150 countries. DATASOURCE: The
Hertz Corporation CONTACT: Richard Broome of The Hertz Corporation,
+1-201-307-2486 Web site: http://www.hertz.com/ Company News
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