|Competitor’s Pop-Ups Did Not Violate Trademark Law|
|Description||Appeals court held that a pop-up ad that directed visitors to a website to visit the website of a competitor did not violate the trademark of the website owner because it made no use of any trademarks and did not affect the functionality of the website.|
|Key Words||Trademarks; Lanham Act; Internet; Pop-up Ads|
|C A S E S U M M A R Y|
|Facts||1-800 Contacts sells contact lenses over the Internet. It sued WhenU.com for Lanham Act violations. Its software caused visitors to the 1-800 Contacts website to see pop-ups for a competitor, Vision Direct. I-800 Contacts contended that the pop-ups infringed on its trademarks. The district court held that the pop-ups were illegal as they directed customers to a competitor website. Defendants appealed.|
Reversed and remanded. The competitors did not use 1-800 Contacts trademarks in creating their pop-up ads. The ads contained information about a competitor. Because there was no use of the trademarks there was no Lanham Act violation. The pop-ups did not affect the functionality of 1-800 Contacts’ website.
|Citation||1-800 Contacts, Inc. v. WhenU.Com, Inc.,, 414 F.3d 400 (2nd Cir., 2005)|
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