1-800 Contacts, Vision Direct, Inc. and Inc. v. WhenU

December 3, 2011 | Comments Off on 1-800 Contacts, Vision Direct, Inc. and Inc. v. WhenU

Use Of Domain Name Containing Another’s Trademark In Unpublished Directory To Trigger Delivery Of Pop-up Ads Does Not Infringe Trademark Reversing the court below, the Second Circuit dismisses trademark infringement claims brought by a mark holder and website operator against a distributor of pop-up ads.  Such claims fail because “as a matter of law, [defendant] […]