As reported here (on pages 2-3) and here (registration required), Judge Gerald Bruce Lee of the E.D. Va. has ruled that pop-up ads do not violate the copyright or trademark rights on the owners of the websites on which they appear, in a case brought by U-Haul against WhenU.com.
UPDATE - CNet has more here on Judge Lee's decision in the U-Haul pop-up ad case.
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