Draper firm files lawsuit over pop-up ads

Published: Friday, March 19 2004 12:00 a.m. MST

DRAPER — 1-800 Contacts Inc. said Thursday it had filed a lawsuit in U.S. District Court in Utah against Coastal Contacts, alleging trademark infringement, unfair competition, trademark dilution, copyright infringement, unfair trade practices and other related claims.

The lawsuit claims that Coastal Contacts has caused thousands of unauthorized "pop-up" advertisements to appear on 1-800 Contacts' Web site and is similar to an earlier suit against another advertiser.

"We are seeking an end to the hijacking of our Web site, damages for the customers inappropriately taken by Coastal Contacts, and attorneys' fees," said 1-800 Contacts' general counsel, Joe Zeidner.

Trouble with competitors using pop-up ads mimicking the 1-800 Contacts' Web site when users accessed the Utah company on the Internet led 1-800 Contacts to push for passage of a state law to stop that activity. HB323 is before Gov. Olene Walker but faces opposition from some national technology groups.

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