Pop-up advertisements are advertisements that spontaneously appear on an Internet-user's screen in a separate window.   These separate pop-up windows often superimpose themselves on any window currently open on the Internet-user's screen.  Although these pop-up advertisements supply the Internet user with additional information on consumer services or goods, they often lead to the annoyance of not only the consumer, but also e-businesses whose websites are concealed by the pop-up windows.

Pop-up Technology

The software that enables pop-up advertisements is collectively known as "Adaware" or "Spyware."  This technology is typically embedded in other software that users choose to download for personal use (such as Kazaa).  When a computer user downloads the desired software, the Adware Technology accompanies that download as well, embedded in the software program.  Most users do no realize that when they unwittingly click the default option to accept the desired program's license agreement, they also agree to download the Adware program.  Once the Adware is downloaded, an application sits on your computer, tracks your Internet usage and feeds the information back to the ad server.  The remote ad server then sends pop-up ads to the user's screen, based on the user's country, browsing habits, search engine keyword searches, and other criteria.  In summary, several commentators have termed this technology a "Hydra" or a "Trojan Horse" in which users open their computer to free software without realizing that they are also unknowlingly downloading embedded Adware software onto their system. 

Continue to Trademark Law as Applied to the Internet

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See Eun S. Bae, Pop-Up Advertising Online:  Slaying the Hydra, 29 Rutgers Computer & Tech. L. J. 139, 139 (2003).

See Erich D. Schiefelbine, Stopping a Trojan Horse:  Challenging Pop-Up Advertisements and Embedded Software Schemes on the Internet Through Unfair Competition Laws, 19 Santa Clara Computer & High Tech. L.J. 499, 500 (2003).