Text of 1-800-Contacts v. WhenU Pop-Up Ad Case

In this important decision, 1-800-Contacts v. WhenU and Vision Direct, the Southern District of New York, unlike previous courts, has enjoined WhenU’s use of pop-up/under ads.

Aside: When Wells-Fargo sued WhenU (and lost) it was stung by the fact that a related company of Wells-Fargo allegedly used the WhenU service.  Here, it appears that one of defendants, Vision Direct, had itself sued WhenU, apparently for including its own URL in WhenU’s directory.

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