1-800 Contacts, Inc. v. WhenU.com, Inc.
American legal case / From Wikipedia, the free encyclopedia
Dear Wikiwand AI, let's keep it short by simply answering these key questions:
Can you list the top facts and stats about 1-800 Contacts, Inc. v. WhenU.com, Inc.?
Summarize this article for a 10 year old
1-800 CONTACTS v. WhenU.com was a legal dispute beginning in 2002 over pop-up advertisements.[1] It was brought by 1-800 Contacts, an online distributor of various brands of contact lenses against WhenU SaveNow, a maker of advertising software. The suit also named Vision Direct, one of WhenU advertising customers, as a co-defendant. 1-800 CONTACTS alleged that the advertisements provided by WhenU, which advertised competitors of 1-800 CONTACTS (such as Vision Direct) when people viewed the company's web site, were "inherently deceptive" and that one of the advertisements "misleads users into falsely believing the pop-up advertisements supplied by WhenU.com are in actuality advertisements authorized by and originating with the underlying Web site".
1-800 CONTACTS v. WhenU.com | |
---|---|
Court | United States Court of Appeals for the Second Circuit |
Full case name | '1-800 CONTACTS v. WhenU.com' |
Argued | April 5 2003 |
Decided | June 27 2005 |
Citation(s) | 414 F.3d 400 |
Holding | |
WhenU's actions did not amount to the "use" that the Lanham Act requires in order to constitute trademark infringement. The appeal court reversed the preliminary injunction and ordered the dismissal of all claims made by 1-800 CONTACTS that were based upon trademark infringement, leaving the claims based upon unfair competition and copyright infringement. The case is remanded to the district court. | |
Court membership | |
Judge(s) sitting | John Walker, Chester Straub |
Case opinions | |
Majority | John Walker |
Laws applied | |
15 U.S.C. § 1125(a) |