CIRCUIT COURT CONSIDERED THE LEGALITY OF POP-UP ADVERTISEMENTS

摘要

In what we believe is the first circuit court decision to consider the legality of pop-up advertisements, the First Circuit in 1-800 Contacts, Inc. v. WhenU.com, Inc., No. 04-0026-cv (2d Cir. June 27, 2005), held that WhenU.com, Inc. (WhenU), an Internet marketing company that distributed free advertising software, did not violate the federal trademark laws by causing pop-up advertisements to appear on the Web site of 1-800 Contacts, Inc. (1-800), a contact lens retailer.