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By Stefanie Olsen
Posted on ZDNet News: Apr 30, 2004 7:14:00 PM

The Ninth Circuit Court of Appeals on Thursday ordered that a suit between software maker Gator.com and cataloger L.L. Bean be reheard in en banc court, a decision that requires greater scrutiny of the case. The lawsuit centers on a dispute that the advertising software of Gator, now known as Claria, infringes the trademarks of L.L. Bean when pop-up ads of the retailer's rivals appear over its Web site. Claria sued L.L. Bean after the retailer sent a cease-and-desist letter asking it to stop delivering ads atop its pages.

The en banc court will issue a decision by the full court of all the appeals judges in jurisdictions where there is more than one three- or four-judge panel, which will give more weight to the matter. The case will be reheard in San Francisco on June 22.

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