1-800 Contacts sued WhenU.com to get an injuction stopping WhenU.com from sending pop-up ads to people visiting 1-800 Contacts website who had unknowingly downloaded WhenU's software onto their computer. The pop-ads featured ads for Vision Direct, Inc. (a competitor of 1-800 Contacts and co-defendant in the case. The federal district court judge granted the injunction on grounds that the pop-ads may create confusion in consumers that the ads were endorsed by 1-800 Contacts.
2nd Circuit opinion at http://www.eff.org/legal/cases/1800contacts_v_whenu/decision.pdf
Keywords: advertising, trademark, keywords
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