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.