July 02, 2005

Lawful use of trademarks to generate pop-up ads

Defendant's "pop up" advertisements, which appear on computer screens contemporaneously with the appearance of plaintiff's website, do not infringe upon plaintiff's trademark.
Defendant is an internet marketing company that uses a proprietary software called “SaveNow” to monitor a computer user’s internet activity in order to provide the computer user (“C-user”) with advertising, in the form of “pop-up ads,” that is relevant to that activity.
1-800 Contacts, Inc. v. Whenu.com, Inc. (06/27/05 - No. 04-0026, 04-0446). [Thanks Cathy]

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