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

Share this article:

Utah's stateĀ Supreme CourtĀ 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.

This material may not be published, broadcast, rewritten or redistributed in any form without prior authorization. Your use of this website constitutes acceptance of Haymarket Media's Privacy Policy and Terms & Conditions