SmartBargains.com wins in Overstock.com pop-up suit

Share this article:

Utah's state Supreme Court held ruled in favor of SmartBargains.com in a lawsuit brought against it by Overstock.com.

The court ruled that insertion of unwanted competitive pop-up advertisements does not constitute unfair competition or tortious interference.

Overstock.com sued its competitor, SmartBargains, alleging violations of the State's anti-spyware statute related to unfair competition and tortious interference with prospective business relations.

Overstock accused SmartBargains of causing SmartBargains pop-up ads to appear when an Internet user visited Overstock.com.

The trial court granted summary judgment for SmartBargains. The court held that the anti-spyware statute was unconstitutional and found that Overstock had not presented a genuine issue of material fact on its unfair competition and tortious interference claims. On appeal, the Utah Supreme Court affirmed the grant of summary judgment.

Share this article:
You must be a registered member of Direct Marketing News to post a comment.
close

Next Article in Multichannel Marketing

Sign up to our newsletters

Follow us on Twitter @dmnews

Latest Jobs:

More in Multichannel Marketing

Complexity's What Marketers Got, Simplicity's What They Want

Complexity's What Marketers Got, Simplicity's What They Want

Customer insights managers want campaign management tools to remain easy to use, even as they up their games with multi-layered campaigns.

Wine.com Uncorks New Digital Marketing Opportunities

Wine.com Uncorks New Digital Marketing Opportunities

The online wine retailer's strategy incorporates different flavors and depths.

93% of Companies Are Ineffective at Cross-Channel Marketing

93% of Companies Are Ineffective at Cross-Channel Marketing ...

Companies point to a lack of resources as the most common reason for lackluster marketing integration, a study says.