‘1-800 Contacts’ Search Term Doesn’t Infringe, Court Affirms (1)

Merely buying a rival’s trademark as a search term doesn’t infringe it, the Second Circuit ruled as it swatted down 1-800 Contacts Inc.'s appeal.

Eyeglasses and contacts seller Warby Parker—corporate name JAND Inc.—convinced the US Court of Appeals for the Second Circuit to affirm its win over 1-800 Contacts. The panel’s unanimous, precedential opinion by Circuit Judge Eunice C. Lee said consumers wouldn’t likely be led to believe 1-800 Contacts had anything to do with Warby Parker’s products based on search terms.

The three-judge panel’s ruling joined “the consensus view that the mere act of purchasing a competitor’s trademarks” as ...