<em>1-800 Contacts, Inc v WhenU.com, Inc</em>

Internet marketing company did not "use," and thus did not infringe, contact lens distributor's trademarks by including distributor's Web site address, which was almost identical to trademarked name, in unpublished list of terms used to trigger "pop-up ads"; nor did company infringe distributor's marks by causing competitors' separate, branded pop-up ads to appear on computer user's screen along with distributor's Web site window.

Originally by Law.com - Tech Law Practice Center, 12:28 PM