2006 Utah Code - 13-40-201 — Prohibited conduct.

     13-40-201.   Prohibited conduct.
     (1) A person may not display a pop-up advertisement by means of spyware if the pop-up advertisement:
     (a) (i) is displayed in response to a specific mark; or
     (ii) is displayed in response to a specific Internet website address;
     (b) constitutes infringement of a registered trademark under federal or state law; and
     (c) is purchased or acquired by a person other than:
     (i) the mark owner;
     (ii) a licensee of the mark;
     (iii) an authorized agent of the owner of the mark;
     (iv) an authorized user of the mark;
     (v) a person advertising the lawful sale, lease, or transfer of products bearing the mark through a secondary marketplace for the sale of goods or services; or
     (vi) a person engaged in a fair or otherwise permissible use of a trademark or service mark under applicable trademark law.
     (2) (a) A person using spyware to display a pop-up advertisement under Subsection (1) is not guilty of violating this chapter if:
     (i) the person requests information about the user's state of residence before sending the spyware or displaying a pop-up advertisement to the user after May 2, 2005; and
     (ii) the user indicates a residence outside this state.
     (b) A person purchasing or acquiring advertising under Subsection 13-40-301(5) is not guilty of violating this chapter if the person reasonably determines that the person delivering a pop-up advertisement by use of spyware under Subsection (1) has complied with Subsection (2)(a).
     (c) A person requesting information about a user's state of residence under Subsection (2)(a) may not prompt, ask, or otherwise encourage a user to indicate a residence outside this state.
     (d) No action may be brought under this chapter, for the use of a mark or Internet website address that constitutes a fair or otherwise permissible use of the mark or Internet website address under federal or state law.

Amended by Chapter 168, 2005 General Session