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November 28, 2005

Supreme Court Denies 1-800 Contacts Cert Petition

By Eric Goldman

Today the US Supreme Court denied 1-800 Contacts' petition for certiorari of the second circuit opinion in 1-800 Contacts v. WhenU. I'm not surprised by the denial, but the bigger question is--now what for 1-800 Contacts' campaign against WhenU? Will they drop the obsession? Or will they just move the battle front to Utah and Alaska and bring suit under those states' anti-adware laws?

Previous blog coverage:
WhenU's cert opposition
1-800 Contacts files for cert
The second circuit opinion
Alaska's anti-adware law
Utah's anti-adware law

Posted by Eric at November 28, 2005 01:50 PM | Adware/Spyware , Derivative Liability , Trademark