Overstock. Com, Inc. v. SmartBargains, Inc.

DURHAM, Chief Justice:

INTRODUCTION

T1 This case comes before us on appeal from the Third District Court. Plaintiff Overstock.com, Inc., (Overstock) appeals (1) the district court's grant of summary judgment to defendant SmartBargains, Inc. (SmartBar-gains) holding that SmartBargains' use of Internet pop-up advertisements (pop-ups) 1 is not unfair competition and is not tortious interference with Overstock's prospective business relations, and (2) the district court's denial of Overstock's rule 56(f) motion for additional discovery. Because we conclude that (1) there are no material facts in…