Court gives adware maker WhenU green light
Stephanie Olsen writes on C|Net News:
A federal appeals court overturned a ruling against adware maker WhenU that held it violated the trademarks of vision specialist 1-800-Contacts in the sale and distribution of pop-up advertising.
The ruling, delivered Monday in the U.S. Court of Appeals of the Second Circuit, reversed an earlier decision that confined WhenU from selling pop-ups triggered by 1-800-Contacts' trademarks, in violation of the Lanham Act, the U.S. trademark act.
"We hold that, as a matter of law, WhenU does not 'use' 1-800's trademarks within the meaning of the Lanham Act when it includes 1-800's Web site address in an unpublished directory of terms that trigger delivery of WhenU's (ads) to computer users," according to the ruling.
Representatives for both companies could not be immediately reached for comment.
posted by Fergie @ 6/28/2005 11:30:00 AM
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