Warby Parker Beats Back 1-800’s Infringement Claims
In our Fall 2021 issue, we reported on the Second Circuit’s decision in 1-800-Contacts, Inc. v. Federal Trade Commission, 1 F.4th 102 (2d Cir. 2021). In that case, the Second Circuit reviewed the online contact lens retailer’s practice of filing trademark infringement lawsuits against competitors who purchased 1-800-Contacts related “keywords” so that their own paid advertisements would appear in the search results of consumers searching online for 1-800’s website. 1-800 typically then entered into settlement agreements […]