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Court Rules For Pop-Up Maker In Key Online Trademark Case

Law360 (June 29, 2005, 12:00 AM EDT) -- In a decision that could have implications for Google’s trademark disputes with a bevy of retailers, a federal appeals court has overturned a lower court’s determination that a maker of pop-up software infringed the trademark of vision specialist 1-800-Contacts.

On Monday, the Second Circuit Court of Appeals reversed an earlier decision that barred WhenU from selling pop-ups triggered by 1-800-Contacts' trademarks, in violation of the Lanham Act, the U.S. trademark act.

“We hold that, as a matter of law, WhenU does not 'use' 1-800's trademarks within...
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