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This Article follows on the heels of an article I recently wrote that focuses on the online advertising activities of The Gator Corporation and legal implications of the preliminary injunction issued in that case. 4 I previously concluded that Gator’s pop-up advertising scheme did not violate copyright law, 5 but that it did violate trademark law, based in large on survey results showing significant consumer confusion at that point in time. 6 To remove consumer confusion, I recommended that Gator: (1) notify Internet users more prominently about downloading Gator software; (2) remind consumers that they authorized pop-up ads to appear; (3) adequately display its trademarks in its pop-up ads; and (4) disclaim affiliation with URLs that have not authorized its ads. 7

pittsburgh journal of technology law and policy

Just When U Thought it was All Over, Gator's Kin Pops Up and Slides Out of Dangerous IP Waters (for the Most Part): A Review of Two Online Pop-Up Advertisers and 4 Internet Law Decisions