WhenU.com Litigation Information
This site is offered as a public service to allow the exchange of information regarding the business practices of companies such as WhenU.com and Gator.com. These companies make much of their income by targeting pop-up advertisements at their clients' competitors sites. Many companies have already sued WhenU and Gator for their predatory and unfair practices, including the New York Times, the Washington Post, and U-Haul International, Inc.
Below you will find links to articles regarding WhenU and Gator. You will also find links to documents from WhenU and Gator's multiple litigations. As you will see, WhenU has been accused of trademark infringement, copyright infringement, unfair competition, false designation of origin, trademark dilution, cybersquatting, interference with prospective economic advantage and violations of various state laws. Please send additional links or documents that you feel belong on this site to: firstname.lastname@example.org.
Please see the link below for an apparent example of how damaging WhenU's advertising can be. In this case, WhenU apparently ran ads for adult websites on www.allaboutsex.org, a site providing sex education information for young people.
1-800-CONTACTS will shortly have a ruling on its claims that WhenU is infringing its intellectual property rights. Judge Batts, in the Southern District of New York, may rule any day now that WhenU is preliminarily enjoined from running its pop-up ads for 1-800-CONTACTS' competitors on the 1-800-CONTACTS website. Judge Batts' desision may provide a precedent allowing others to successfully stop WhenU's pop-ups from appearing on their sites.
Below are pleadings from 1-800-CONTACTS and U-Haul's suits against WhenU showing the arguments made for and against WhenU's actions.
Case: 1-800 Contacts, Inc. V. WhenU.com, Inc. and Vision Direct Inc.
Case: U-Haul International, Inc. V. WhenU.com et al
Below is a partial list of companies that have advertised their services or goods through WhenU.com's pop-up and pop-under advertisments.