Salt Lake Tribune
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Utah court throws out lawsuit over pop-up ads
This is an archived article that was published on sltrib.com in 2008, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

Posted: 9:41 AM- When a competitor's pop-up ads started appearing on its Web site, Utah-based Internet retailer Overstock.com sued.

But Utah's highest court has thrown out the case, ruling that such a Web war didn't violate any laws of commerce.

The Utah Supreme Court said the pop-up ads from SmartBargains didn't deceive shoppers because they appeared in a separate browser window.

The court threw out the case on Tuesday. Overstock filed the lawsuit in 2004.

No competing pop-up ads could be found Wednesday on Overstock's Web site.

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