U.S. Federal Court and State of Utah Also Take Action
The Hertz Corporation's German vehicle rental subsidiary, Hertz Autovermietung GmbH, announced that the Court of First Instance in Cologne has issued a preliminary injunction this month prohibiting Claria Corporation from using its software to place advertising, including "pop-up" and "pop-under" ads, on Hertz's 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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