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The once irascible predator of the Internet shed some teeth, scales, and a name, and settled on the corporate side of the digital divide. Although the terms of the settlement remain undisclosed (what’s new?), Claria ended litigation with Wells Fargo and Quicken a month ago and with five other parties a few months prior. Apparently, Claria even formed business relationships with some of those who previously eschewed Claria’s pop-up advertising practices. This is the reverse of what happened in the original Washington Post v. Gator case, where some of the defendants had been advertising with Gator prior to harpooning it with copyright and trademark infringement claims. Overall, the online advertiser appears to have emerged from the cyberswamp waters relatively unscathed—not long ago, it even initiated plans for an IPO. Perhaps staking a Darwinian claim to its continued existence, a Claria spokes person announced that “Claria will continue to protect [its] business model.” Notwithstanding Claria’s survival, the battle continues regarding the legality of pop-up advertising and related online advertising methods. WhenU.com has appealed to the Second Circuit its loss to 1-800 Contacts, and Google defends against claims of infringement for its trademark keying activities in the Eastern District of Virginia and in the Northern District of California. Article on Claria Settlement: |