WhenU Wins Trademark Case

Inspiration meets innovation at Brandweek, the ultimate marketing experience. Join industry luminaries, rising talent and strategic experts in Phoenix, Arizona this September 23–26 to assess challenges, develop solutions and create new pathways for growth. Register early to save.

NEW YORK WhenU.com claimed a key court victory when a federal judge dismissed a trademark infringement case brought by 1-800 Contacts.

1-800 Contacts accused WhenU of trademark infringement for showing users of its desktop advertising software pop-up ads for competing services when they visited 1-800 Contacts’ Web site.

The U.S. District Court in New York ruled that such pop-up ads triggered by visits to 1800Contacts.com do not constitute trademark infringement, since it appears in a separate window and does not even use the 1-800 Contacts trademarked name to trigger pop-up ads or allow advertisers to specifically target the plaintiff’s Web site.

“The





AW+

WORK SMARTER - LEARN, GROW AND BE INSPIRED.

Subscribe today!

To Read the Full Story Become an Adweek+ Subscriber

View Subscription Options

Already a member? Sign in