Gator’s software manages passwords and fills out application forms for about 22 million internet users. The company also produces software that monitors web surfers’ behaviour and delivers pop-up ads, paid for by Gator’s clients, which can be set to appear when the surfer is on a rival’s site. The ads are only seen by those who download Gator’s software.
UPS, which does not run outside advertising on its web site, says that the Gator pop-ups not only advertised “dating services and on-line physics”, but also rival company FedEx. It is seeking unspecified damages and a court order to stop Gator’s practice in future.
In June, Gator was sued by a group of publishers and media companies, including The Washington Post, The New York Times, Dow Jones & Co and Knight Ridder Digital. They claimed that Gator infringed on their copyrights and trademarks and stole their revenues by putting unauthorised pop-ups on their web sites.