2nd Circ. Won't Rehear FTC's 1-800 Contacts Loss

By Matthew Perlman (August 26, 2021, 6:55 PM EDT) -- The Second Circuit has refused to rethink its decision to let 1-800 Contacts escape allegations from the Federal Trade Commission that it violated antitrust law by aggressively enforcing its trademarks against online competitors.

The appellate court on Thursday denied a petition from the commission seeking a panel rehearing or rehearing en banc of a June decision the agency contends wrongly elevated trademark considerations over antitrust concerns. The one-page order did not provide an explanation for the denial.

In June, a Second Circuit panel overturned the FTC's order after the agency found that 1-800 Contacts violated antitrust law through settlements in trademark...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!