Civil-Liberties Group Seeks Reversal Of Key Internet Trademark Ruling

Law360, New York (February 20, 2004, 12:00 AM EST) -- A leading civil-liberties advocacy group has filed a "friend of the court" brief urging the overturn of a trademark decision with broad implications for online advertising.

The Electronic Frontier Foundation (EFF) filed an amicus brief in contact lens retailer 1-800 Contact’s lawsuit against “adware” maker WhenU.com, arguing that the court’s ruling against WhenU “failed to consider common sense in making its decision to prevent WhenU from placing ads near other company's web sites.”

In December of last year, Southern District of New York Judge Deborah A....
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