West Headnote of the Day – January 12, 2010

January 12, 2010

West's Key 29T Antitrust and Trade Regulation
West's Key 29TII Unfair Competition
West's Key 29TII(A) In General
West's Key 29Tk21 Advertising, Marketing, and Promotion
West's Key 29Tk23 k. Particular Cases.

Pop-up advertisements of competitor that appeared when customers accessed online store’s website did not constitute unfair competition, absent a showing that pop-ups, which were labeled with competitor’s logo and appeared in a separate window on top of online store’s website, were deceptive, infringed a trademark, passed off competitor’s goods as those of online store, or were likely to cause confusion.
Overstock.com, Inc. v. SmartBargains, Inc., 192 P.3d 858 (Utah 2008)

29T Antitrust and Trade Regulation