Germany Finds Against Claria, Bars Pop-Up Software

  • March 29, 2004
Hertz Corp. Friday said the Court of First Instance in Cologne issued a preliminary injunction prohibiting Claria Corp. from using its software to place advertising, including "pop-up" and "pop-under" ads, on Hertz's German website, www.hertz.de. Claria was previously known as Gator Corporation. The court, citing sections of the German Act against Unfair Competition, ruled that Claria must stop "placing or allowing the placement of software-controlled automatic advertisements ... on (Hertz') Internet page www.hertz.de without (Hertz') consent, in particular in the form of pop-up and pop-under advertising windows." Each violation of the injunction carries penalties of up to EUR 250,000 or up to six months imprisonment.
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