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  1. #1
    Affiliate Marketing Consultant Linda - 5starAffiliatePrograms's Avatar
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    Dec 31st

    A federal judge dealt a setback to adware maker WhenU.com's fight to legitimize its contextual-advertising system.

    Judge Deborah Batts of the U.S. District Court in Manhattan this month enjoined WhenU.com from serving ads for a competing service on the 1-800 Contacts Web site, ruling that the ads violated 1-800 Contacts' trademark and potentially confused consumers.

    Read the rest here:
    http://www.dmnews.com/cgi-bin/artpre...ticle_id=26046

    Linda Buquet 714.754.1280 :: Catalyst eMarketing Promotion & PR (Partner Relations)
    <font color="#0000FF">5 Star Affiliate Programs</font> :: High Paying, Parasite-Free, Partner-Centered Merchants!

  2. #2
    ABW Ambassador Packy's Avatar
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    Linda,

    This is probably one of the best rulings to come out. Finally a company that didn't back down and settle before a ruling If the ruling stands after an appeal, this could be the leading case to set a precedent to future cases.

    Finally a Judge who probably uses the internet and has first hand knowledge of what goes on This really opens the door for future challenges IMO

    Merchant Coincidences, One of the Wonders of the World

    Coincidence Me baby!

  3. #3
    Affiliate Marketing Consultant Linda - 5starAffiliatePrograms's Avatar
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    Yes, I was thrilled when I read it and couldn't wait to share the info. It's a big step in the right direction and could pave the way for more cases in the future.

    Linda Buquet 714.754.1280 :: Catalyst eMarketing Promotion & PR (Partner Relations)
    <font color="#0000FF">5 Star Affiliate Programs</font> :: High Paying, Parasite-Free, Partner-Centered Merchants!

  4. #4
    Super Sh!t Stirrer SSanf's Avatar
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    Yes!!!!!!!

    This could be the one!!!!

    Dance, Baby, Dance!!


    MUSIC

    Mr.Merchant, if you do business in any way what-so-ever with parasites, your products will not be sold on my sites!!
    Farewell, CJ! I loved you when you were young and pure. I will try to remember you that way. Comments are to be interpreted as opinion unless otherwise noted.

  5. #5
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    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Finally a Judge who probably uses the internet and has first hand knowledge of what goes on <HR></BLOCKQUOTE>

    Exactly! As more and more attorneys and judges get a clue about the Internet and parasites we should start seeing some better rulings against these scum suckers.

    BradleyB
    "There is no reason anyone would want a computer in their home."
    - Ken Olson, president, chairman and founder of Digital Equipment Corp., 1977

  6. #6
    Just Lurking
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    Finally some good news around here! Thanks Linda needed a little good news.

    ------------------------------
    "A man is but the product of his thoughts. What he thinks, he becomes." -- Mahatma Gandhi

  7. #7
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    Excellent, Excellent, Excellent.

    Guess I should promote 1-800 contacts now.

    Chet

  8. #8
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    Good news, i was reading another article about it, same place, different judges, different decisions. And talk that this will need to be settled in the Supreme Court eventually.

    "But Batts took note of a survey undertaken by an expert hired by 1-800 Contacts, which showed that 68 percent of SaveNow users did not know they had the software installed on their computers and that 76 percent who did know they had the software did not know what it did. The survey also found that 59 percent of SaveNow users believed pop-up ads were placed on sites by the site's owners and 52 percent believed such ads were pre-screened and approved by the Web sites on which they appear. "

    "The judge also found that the use by WhenU.com and Vision Direct of "www.1800contacts.com" as a term in the SaveNow directory triggering Vision Direct pop-ups added to the likelihood of customer confusion and trademark infringement. "

    [This message was edited by TrustNo1® on January 03, 2004 at 01:21 PM.]

  9. #9
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    Excellent news! I hope more will follow.

  10. #10
    Affiliate Manager PetsWarehouse.com's Avatar
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    Batts said WhenU violated 1-800 Contacts' trademarks by including its trademarked name in its directory of terms used to trigger ads and by displaying ads on the 1-800 Contacts Web site. The injunction requires WhenU to stop serving ads on the 1-800 Contacts Web site and remove its trademarked terms from its database used to trigger ads. Vision Direct was also ordered to cancel its registration of the www.www.1-800Contacts.com domain.

    "We're confident it will be overturned on appeal,"

    The 2nd Circuit is tough to overturn????

    Henry
    Affiliate Manager
    <font face=verdana size=1 >Migizzi Inc d/b/a</font> Pets-Warehouse.com <font face=verdana size=1 color=43639C>10%/90 days/Datafeed/Parasite free
    </font>
    Henry@Pets-Warehouse.com<font face=verdana size=1 color=43639C> >< )))º> 631.789.5400 | Pets-Warehouse.com</font>

  11. #11
    ABW Ambassador
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    Congrats to 1-800-Contacts and thanks for sticking with the fight!

    I know first hand about the popping in this case as I personally filed multiple COC complaints which illustrated 1-800-Contacts being actively hijacked from my site on behalf of whenu and provided all the information to Josh as well.

    I'm not sure if any of the evidence I provided was used or not in court but am thrilled to see a ruling against these tactics.

    Ms B was also actively involved "as usual" showing interference.

    How do you spell exclusion list?

    ** Have you asked for change? **

  12. #12
    2005 Linkshare Golden Link Award Winner  ecomcity's Avatar
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    Seems like the legal community might be getting a clue that truth in advertising laws and restraint of trade issues apply online. Soon they will judge the suits based upon laws mirroring the real world abusive/deceptive advertising situations. K-Mart plastering their sales Ads on Walmart windows and using in-store competitor passouts would raise even lawyers eyebrows.

    Mike & Charlie ...

    If they won't adopt and feed a bird ..flip them one! BBQ some Gator and remember to flush WhenU..

  13. #13
    ABW Ambassador
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    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR> Batts said WhenU violated 1-800 Contacts' trademarks by including its trademarked name in its directory of terms used to trigger ads and by displaying ads on the 1-800 Contacts Web site. <HR></BLOCKQUOTE>But what's to stop them from just changing the name to one that isn't a trademarked name? Not that it matters. I'm sure 1 800 xxxxxxs doesn't carry them as an affiliate any longer.

    Brian
    aka Cyclone

  14. #14
    ABW Ambassador
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    The news is good

    But will CJ BF LS and the rest actually do anything about ridding them from the networks
    Even more importantly is when they would finallly act.

    ...............
    WW

    Make a difference! Support your local Cancer Care providers.

  15. #15
    Outsourced Program Manager Jorge - SHOPiMAR's Avatar
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    That's great, guess he read my last post about some people and judges not really understanding what when u and others are really doing.

    Well, at least he is a well informed judge or perhaps he has friends or business partners in the Affiliate Business.

    I think perhaps we should inform our own lawyers little by little when ever we visit them for other problems or question and ask them if they have any partners or friends that have online businesses and do they know that these types of companies are stealing their money.

  16. #16
    Affiliate Manager PetsWarehouse.com's Avatar
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    For those of you who would like to find out how the case was won see the briefs

    The 88 page ruling by Judge Batts is not yet puplished online, but should surface soon.

    Henry
    Affiliate Manager
    <font face=verdana size=1 >Migizzi Inc d/b/a</font> Pets-Warehouse.com <font face=verdana size=1 color=43639C>10%/90 days/Datafeed/Parasite free
    </font>
    Henry@Pets-Warehouse.com<font face=verdana size=1 color=43639C> >< )))º> 631.789.5400 | Pets-Warehouse.com</font>

  17. #17
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    What caught my attention about the Whenusucks.com briefs is this:
    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR> Below is a partial list of companies that have advertised their services or goods through WhenU.com's pop-up and pop-under advertisments.

    Budget Rent A Car Corporation
    Door to Door Storage
    MoversBay.com
    Viking Van Lines
    ABF U-Pack Moving
    Autoshippingquote.com
    SmartPrice.com
    ShipVehicles
    ING Direct
    CheapTickets.com
    Registersite.com
    Americansingles.com
    Lowermybills.com
    Trademark-USA.com
    Cingular
    Verio
    TransUnion
    Martindale-Hubbell
    LegalZoom.com
    Consumerinfo.com
    MyMedicalExpertWitness.com
    Prosavvy
    Coastal Contacts
    Payless Contacts
    Litman Law
    Kennedy-Western University
    Domain Name Resources
    <HR></BLOCKQUOTE>

    Brian
    aka Cyclone

  18. #18
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    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by Catalyst:
    Dec 31st

    A federal judge dealt a setback to adware maker WhenU.com's fight to legitimize its contextual-advertising system.

    Judge Deborah Batts of the U.S. District Court in Manhattan this month enjoined WhenU.com from serving ads for a competing service on the 1-800 Contacts Web site, ruling that the ads violated 1-800 Contacts' trademark and potentially confused consumers.

    http://www.5staraffiliateprograms.com :: High Paying, Parasite-Free, Partner-Centered Merchants!<HR></BLOCKQUOTE>

    YESSSSSSSSS!!!!!!!!!!


  19. #19
    ABW Ambassador
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    Parasites are thieves. What are you going to do about it?

  20. #20
    ABW Ambassador Andy's Avatar
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    Well, it really is about time, isn't it?

    Apparently, there is at least one Judge out there who understands everything isn't on the up and up in this industry.

    A few more hands will get caught in the cookie jar, and then we'll see some really BIG changes! This is a good first step.

    Thanks for posting the good news, Linda.

    Andy

    _______________
    <font color="red">Call the Exterminators! We've Got PARASITES!</font>

  21. #21
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    This is really good news. And this ruling comes from a Clinton appointee not known for being particularly conservative in lifestyle. "Damn liberal judges.."

    Wayne

  22. #22
    2005 Linkshare Golden Link Award Winner  ecomcity's Avatar
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    Amazing how the best laid plans to install this theftwarez without the knowledge of the enduser (Drive-bys & Bundling) is a point the networks refuse to address as THE PLAN by their BHO preferred partners. Combine the valid survey results with those of the computer systems manufacturers, having to CLEAN these infected systems, and the banishment of browser plug-ins becomes a consumer WOLF cry.

    Consumers will demand Microsoft come to their rescue even if the liberal dummies sitting on judicial benches can't hear them loud and clear. Un-plugging the plug-ins will become a 2004 campaign issue. The consumer/voter will demand that if honest folks at ABW direct their views on BHO's to campaign headquarters and the media. Like Telemerketers -spammers the BHO's will fall due to the hatchets welded by pissed off consumers.

    Mike & Charlie ...

    If they won't adopt and feed a bird ..flip them one! BBQ some Gator and remember to flush WhenU..

  23. #23
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    Now I'm confused. Which are the liberal dummies? The ones that rule in favor of WhenU or the ones that rule against them? Hard to keep these labels straight.

  24. #24
    2005 Linkshare Golden Link Award Winner  ecomcity's Avatar
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    Liberal dummies sitting on judicial benches are the ones hoping to remove all the money from your pockets containing the words ... "In God We trust". It would be nice to have the media pickup on GWB's and Deans take on BHO pop-ups!

    Mike & Charlie ...

    If they won't adopt and feed a bird ..flip them one! BBQ some Gator and remember to flush WhenU..

  25. #25
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    Somehow I don't think this is going to be a campaign issue for either camp. We'll just have to keep fighting our own battles and be happy for small victories.

    Wayne

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