Top Cyberspace IP Cases of 2005
…1-800 Contacts, Inc. v. WhenU. Com, Inc., 414 F.3d 400 (2d Cir.), cert. denied, 126 S.Ct. 749 (2005). The owner of a website and the mark “1-800 Contacts” sued a…
2005 Blog Year-in-Review
…Case–1-800 Contacts v. WhenU. This is one of my favorite posts of the year. 4. Grokster Supreme Court Ruling 5. Steinbuch v. Cutler Update–Cutler’s Motion to Dismiss. This one got…
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,…
1-800 Contacts Appeals 2nd Circuit WhenU Decision to the Supreme Court
…One final interesting point: there appears to be a change of counsel on 1-800 Contacts’ side. 1-800 Contacts’ lead counsel used to be Terence Ross of Gibson Dunn’s DC office;…
Gripers 1, Initial Interest Confusion 0–Lamparello v. Falwell
…gripe sites (Bosley and Lamparello) and major win for adware vendors (1-800 Contacts). This trend suggests that the courts are correcting the silly doctrines that were an overreaction to the…
Fall 2005 Cyberlaw Syllabus
…Congressional Research Service report * 1-800 Contacts v. WhenU 2nd Circuit ruling * Utah Spyware Control Act (amended) * My CNET editorial on adware advertiser liability ALthough this may seem…
GEICO v. Google Opinion (Finally) Issued
…ruling, the opinion adds almost nothing new in terms of insights into the judge’s view. What I find interesting is that the court, like the 1-800 Contacts Second Circuit panel,…
Important 2d Circuit Adware Case–1-800 Contacts v. WhenU
…open. Finally, in a footnote, the court takes a dig at 1-800 Contacts for duplicity. The court notes that 1-800 Contacts has bought keyword-triggered ads in adware using trademarks of…
AWOL Opinions
While we are on Grokster watch, I also have been thinking of two opinions that seem to have disappeared into the void: * Second Circuit opinion in 1-800 Contacts v….
LA Times on Adware Advertisers–Including 1800 Contacts?
…said, was a “drive-by download” that installed spyware without asking and then claimed credit when infected users went to the 1-800 Contacts website on their own.” If a company as…