1-800 Contacts, Inc. v. whenu.com, Inc. And Vision Direct, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that defendant’s inclusion of plaintiffs website address, www.1800contacts.com, in defendant’s internal directory to trigger pop-up ads was not “use” in trademark sense
• concluding that addition of “www.” and “.com” transformed trademark into public key
• noting that the access allowing the pop-up was authorized “albeit unwittingly” by the consumer
• reversing trial court’s grant of a preliminary injunction against use of plaintiffs mark to trigger pop-up advertising
• finding compelling a district court’s analysis characterizing WhenU. corn’s use of trademark as “ ‘pure machine-linking function’ that was not ‘use’ under the Lanham Act”
• dismissing an argument of initial interest confusion because the plaintiff had not yet established “use” in the trademark sense

Source: CourtListener parenthetical corpus (CC0).