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  1. #1
    2005 Linkshare Golden Link Award Winner  ecomcity's Avatar
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    January 18th, 2005
    St Clair Shores MI.
    Claria Fires Back at L.L. Bean Suits Against Advertisers.... ClickZ News

    Interesting article as the legal battle against the browser spammers gets heated up by major merchants like LL Bean, TD go after JC Penny and other Ad Whores by taking off the boxing gloves and going at it bare knuckled.

    "L.L. Bean is also among the litigants in a combined lawsuit against Claria. Other parties include: Hertz Corporation; Six Continent Hotels; Inter-Continental Hotels Corporation; TigerDirect; True Communication; Wells Fargo & Company; WFC Holdings Corporation and Quicken Loans.

    "We are not at all surprised that Claria would sue us in response to our efforts to protect our trademark. Given the form of their business, Claria is naturally a litigious operation," said Mary Lou Kelley, L.L. Bean's vice president of e-commerce. "L.L. Bean plans to vigorously press its trademark infringement complaints, and we will be equally vigorous in defending against this latest maneuver by Claria."

    While the latest suit accuses L.L. Bean of interfering with Claria's business, the issues involved in the larger legal dispute are important ones for Internet advertising. The legality of targeting ads based upon a particular trademarked term -- be it in the URL of a site visited or a keyword typed into a search engine -- has not yet been decided by the courts. Google, which is involved in legal battles of its own with American Blind and Wallpaper Factory and GEICO, has taken the position that advertisers can use trademarked terms as keywords, though not in ad copy.

    "There are a whole bunch of theories that are left to be proven here," said Douglas Wood, an expert on advertising law and a partner with Reed Smith Hall Dickler. "The question here will be whether they should have sued Claria instead of suing advertisers. Everybody's searching at theories to get these issues resolved......Adware has proven to be a particularly controversial topic as of late, with the battle fought both on the technological level -- with spyware blockers being released by both independent firms and ISPs -- and in the legislative arena. Utah has already passed an anti-spyware law, though Claria competitor WhenU has challenged the statute in court. California has two bills under consideration, and legislation is also pending at the federal level. "
    Webmaster's... Mike and Charlie

    "What have you done today to put real value into a referral click...from a shoppers viewpoint!"

  2. #2
    ABW Ambassador Andy's Avatar
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    January 18th, 2005
    Yep, it's beginning to hit the fan.

    Soon enough, the fan will be turned on, and it will be flung everywhere!

    Let the "chips" fall where they may!

    These scoundrels will soon enough be out of business, and on to hawking their next venture, whatever that may be.


  3. #3
    Troll Killer and best Snooper!
    I decide when the pigs fly!
    Rhea's Avatar
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    January 18th, 2005
    New York, USA
    I suspect they'll have to go back to running football pools and alley craps games.

    Poor babies.

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