1-800 Contacts, Inc. v. WhenU.com, Inc.
United States Court of Appeals for the Second Circuit
414 F.3d 400 (2005)
- Written by Whitney Kamerzel , JD
Facts
WhenU.com, Inc. (WhenU) (defendant) was an internet marketing company that used software to display advertisements to computer users that were relevant to the user’s computer activities. WhenU’s software used a directory of websites and key terms that, when typed into a web browser or search engine, displayed a pop-up ad to the user in the same product or service category in a different web window. 1-800 Contacts, Inc. (1-800) (plaintiff) sued WhenU for trademark infringement alleging that WhenU’s software showed ads of 1-800’s competitors when users visited 1-800’s website. WhenU denied using 1-800’s trademark within the meaning of the Lanham Act. The district court granted 1-800’s motion for a preliminary injunction and held that WhenU used 1-800’s trademark in two ways: by including 1-800’s website address (that incorporates 1-800’s trademark) in WhenU’s directory and by initiating advertising when users visited 1-800’s website, which contains trademarks. WhenU appealed.
Rule of Law
Issue
Holding and Reasoning (Walker, C.J.)
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