06/30/2005
Kronish Lieb Litigators Victorious in WhenU.com Case
Kronish Lieb litigators, led by Celia Goldwag Barenholtz, capped off a string of victories on behalf of client WhenU.com, Inc., when the United States Court of Appeals for the Second Circuit Court rejected intellectual property claims brought against the internet marketer. In a decision authored by Chief Judge Walker, the federal appeals court reversed a preliminary injunction previously entered against WhenU by the district court, and ordered that the plaintiff’s trademark infringement claims be dismissed with prejudice.
The Second Circuit ruled that the use of internet addresses ("urls"), such as www.1800contacts.com in WhenU's proprietary software, to deliver targeted advertising to computer users does not constitute the "use" of a trademark within the meaning of the Lanham Act. "We could not have asked for a better decision," said Bill Day, CEO of WhenU, in describing the ruling. (See When U press release.)
The Second Circuit ruling parallels an earlier victory in the United States District Court for the Eastern District of Michigan in which the same team defeated similar allegations in a case brought by Wells Fargo and Quicken Loans. Please click on the links below to view copies of the Second Circuit and Eastern District of Michigan opinions.
Kronish Lieb associates Jason M. Koral and Ian Ross Shapiro also represented WhenU in the 1-800 Contacts appeal as well as in the Michigan proceeding.
WhenU.com - Second Circuit Opinion
WhenU.com - Eastern District of Michigan Opinion