UK Home >  OUT-LAW News >  News Archive >  2003 >  May 2003 >  Pop-up ads patent for sale

Pop-up ads patent for sale

OUT-LAW News, 13/05/2003

One of the internet's most successful porn barons is seeking a buyer for a US patent which covers pop-up adverts. Described by the seller as one of the most widely infringed patents ever issued by the US Patent & Trademark Office, it is perhaps one of the few internet patents which users would dearly love someone to enforce.

Ideaflood Inc. is an intellectual property holding company owned by Brian Shuster. He previously ran porn web sites that were accused by the Federal Trade Commission of deceptively charging customers. While he is said to have made millions from internet porn, with which he is still involved, he now sees Ideaflood's patents as his best potential revenue source.

His pop-up ad patent application was filed in 1998 and granted in 2002. Last week, Shuster modestly told MSNBC news, "I apologise for being a pioneer."

Specifically, the patent appears to cover the method that web site operators use to pop-open a window or otherwise redirect a surfer when that surfer tries to leave a web site. According to Shuster's company, businesses operating on the internet generated an estimated $1.85 billion in combined revenues in 2002 "by using methods covered by Ideaflood's exit traffic patent."

However, such exit traffic ads are an irritation to most internet users. This view was judicially endorsed in Germany when the Regional Court of Duesseldorf ruled in March that such ads breach the country's unfair competition laws.

The Court reasoned that such pop-ups are comparable to spam because, like spam, users are forced against their express will to take notice of unsolicited offers.

Ideaflood calls its pop-up ad system the "Traffic Management Utility" or "TMU," and it provides for a method of directing a client when they are exiting a web page or web site.

According to Computer Industry Almanac and Datamonitor, the combined 2002 revenue from the two most profitable internet segments, adult entertainment and on-line gaming, was $9.25 billion. And Ideaflood claims that around 20% of this came from using its patented technology.

Shuster's latest invention is the subject of another patent application: a pop-up audio ad that cannot be turned off.

 

Disclaimer: We hope you find OUT-LAW’s content useful. It’s prepared by the lawyers at Pinsent Masons. Please remember, though, that it’s intended as general information only. It’s not legal advice. If that’s what you’re seeking, please contact us. See also: our full disclaimer

 

OUT-LAW Recommends

This week's podcast
The digits that are holding back online specs sales

Advert: Pinsent Masons works with forensic accountants to help you to manage the costs of litigation. Our approach is called Reaching Solutions.
UK Home | 
2010 | 
2009 | 
2008 | 
2007 | 
2006 | 
2005 | 
2004 | 
2003
2002 | 
2001 | 
2000 | 
Fun | 

 

Pinsent Masons named Legal Firm of the Year 2009 at Finance Directors' Excellence Awards

OUT-LAW star: link to the home page
Disclaimer: This was printed from OUT-LAW.COM, a service of international law firm Pinsent Masons. We hope you find this content useful. However, please note that nothing in this document constitutes specific legal advice. You should consult a suitably qualified lawyer on any specific legal problem or matter. Any questions, please email info@out-law.com.