A federal judge in Baltimore has ruled that a California company called D-Squared can continue sending "pop-up" Internet ads until the matter is decided at trial. Said U.S. District Judge Andre Davis: "It's not clear to me ... if there's substantial injury to consumers. The case had the odor of extortion as it was originally prosecuted ... but it certainly doesn't look like extortion to me." The Federal Trade Commission believes that D-Squared's advertisements caused "substantial injury" to consumers, and FTC attorney Monica Spivack says: "They clearly knew that this practice was in fact causing consumers' computers to crash. The defendant's own marketing material said this." D-Squared attorney Anthony Dain's counter-argument is: "Should our clients be shut down from their best marketing tool and from the tool that best serves the customer, whether they're annoyed or not?"
posted by Marcus Zillman |
12:22 PM
