UTAH SUPREME COURT RULES THAT COMPETITIVE POP-UP ADS DO NOT CONSTITUTE UNFAIR COMPETITION OR TORTIOUS INTERFERENCE

The Supreme Court of Utah held that a competitor’s insertion of unwanted competitive pop-up advertisements does not constitute unfair competition or tortious interference. Yet, the court did not adopt a per se rule that pop-ups do not violate Utah’s unfair competition law. The court limited its holding to the specific facts of a case where an advertiser displays pop-ups commercial messages, including its name and logo, in the competitor’s website.

The following questions have been addressed in this article:

What other findings did the Utah Supreme Court make in this case?
How might Overstock have established its unfair competition claim against SmartBargains?
What is the test for establishing a claim for tortious interference with prospective business relations, and why did Overstock not meet this test?

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