GATOR.COM CORP., Plaintiff-Appellant,
v.
L.L. BEAN, INC., Defendant-Appellee.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted June 22, 2004.
Filed February 15, 2005.
Attorney(s) appearing for the Case
Michael Traynor, Cooley Godward LLP, San Francisco, CA, argued the cause for the appellant; Thomas J. Friel, Jr., and Brian E. Mitchell, Cooley Godward LLP, San Francisco, CA, and L. Scott Primak, Redwood City, CA, were on the briefs.
Daniel J. Bergeson and Melinda M. Morton, Bergeson, LLP, San Jose, CA, were substituted as counsel for the appellant after oral argument.
Peter J. Brann, Brann & Isaacson, Lewiston, Maine, argued the cause for the appellee; Kevin J. Beal, Brann & Isaacson, Lewiston, ME, was on the brief.
Alan E. Untereiner, Kathryn Schaefer Zecca, and Max Huffman, Robbins, Russell, Englert, Orseck & Untereiner LLP, Washington, D.C., and Robin S. Conrad and Stephanie A. Martz, Washington, D.C., were on the brief for amicus curiae The Chamber of Commerce of the United States.
Before: SCHROEDER, Chief Judge, FERGUSON, O'SCANNLAIN, RYMER, TASHIMA, GRABER, McKEOWN, W. FLETCHER, GOULD, PAEZ, and BYBEE, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
O'SCANNLAIN, Circuit Judge:
We must decide whether a declaratory judgment action initiated to determine the legality of a software vendor's pop-up advertising program is rendered moot by a settlement under which the vendor permanently modified its software and the website owner relinquished all claims.
I
Gator.com Corporation1 is the proprietor of a software program that enables computer users to store personal information...
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