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| 1-800-CONTACTS v. WhenU Inc. ： ウィキペディア英語版 |
1-800 Contacts, Inc. v. WhenU.com, Inc.
''1-800 CONTACTS v. WhenU.com'' was a legal dispute beginning in 2002 over pop-up advertisements.〔''1-800 CONTACTS, Inc. v. WhenU.Com and Vision Direct, Inc.'' 309 F.Supp.2d 467 (S.D.N.Y., 2003-12-22), reversed in part and remanded, F.3d—2d. Cir., 2005-06-27〕 It was brought by 1-800 Contacts, an online distributor of various brands of contact lenses against WhenU SaveNow, a maker of advertising software. The suit also named Vision Direct, one of WhenU advertising customers, as a co-defendant. 1-800 CONTACTS alleged that the advertisements provided by WhenU, which advertised competitors of 1-800 CONTACTS (such as Vision Direct) when people viewed the company's web site, were "inherently deceptive" and that one of the advertisements "misleads users into falsely believing the pop-up advertisements supplied by WhenU.com are in actuality advertisements authorized by and originating with the underlying Web site".
==Facts==
Both the plaintiff, 1-800 Contacts, and the co-defendant, Vision Direct, sell and market replacement contacts lenses though their respective websites. The other defendant, WhenU.com was a software company that developed and distributed a software application known as "SaveNow". The SaveNow program, when installed on a users computer, remains resident in memory and observes activity within the user's web browser. It is normally installed as part of a "bundle" of other software programs, and is provided at no cost to the user. Specifically the program contains a directory that match specific URLs or search terms that the user enters into their browser to categories of popup advertisements. Specifically relevant to this case, when the user typed "1800contacts.com" into their browser the SaveNow program would match this to the category "eye-care" and retrieve an ad for a company in this space. At least three types of ads can be presented to the user—small "pop-up" advertisement appearing in the bottom right-hand corner of a user's screen; it may be a "pop-under" advertisement that appears behind the webpage the user initially visited; or it may be a "panoramic" advertisement that stretches across the bottom of the user's computer screen.〔
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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