Statute

Priceline, Travelocity and Cingular Wireless each contracted with DirectRevenue LLC to deliver ads to consumers. To service its clients (including Priceline, Travelocity and Cingular Wireless), DR installed adware on millions of computers. The adware, which was undisclosed to users and difficult to remove, monitored the websites visited by the users and collected the information they typed into web forms. The NY AG filed a law suit alleging that DirectRevenue had violated New York consumer protection law, then pursued DirectRevenue's three major advertiser clients.

79 USPQ2d 1844 (DC SNY 2006). Online pharmaceutical retailers sued by Merck & Co. for trademark infringement based on the retailers' use of the term "Zocor" to describe generic pharmaceutical drugs that they sold online.  Merck further claimed that the retailers engaged in trademark infringement by purchasing "Zocor" as a keyword for advertisements appearing on Internet search engines' websites.