1-800 Contacts, Inc. v WhenU.com, Inc and Vision Direct, Inc.

Appellate Court Decision Reversing & Remanding Preliminary Injunction w/Instructions to Dismiss With Prejudice & Proceed w/ Plaintiff's other claims


In October 2002, online contact lens distributor 1-800 Contacts, Inc. sued Internet "adware" company WhenU.com Inc. for trademark violations, claiming that WhenU's SaveNow software confused potential customers by generating ads relevant to the websites they were visiting. WhenU initially lost before a district court in New York. On appeal, EFF filed an Amicus brief on behalf of Defendants. The Second Circuit Court of Appeals ruled in June 2005 that the use of trademarks to launch ads does not, by itself, trigger trademark liability.

This is the Court of Appeals decision reversing the lower court's preliminary injunction and remanding with instructions to dismiss the trademark infringement claim with prejudice and to proceed on plaintiff's other claims.

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Reference Info:Decision | Federal, 2nd Circuit | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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