Legal Opinion

Wells Fargo & Co. v. WhenU. Com, Inc.

District Court, E.D. Michigan

Decided November 19, 2003No. 03-71906PublishedCited by 30 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER DENYING PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION

EDMUNDS, District Judge.

INTRODUCTION

Almost everyone who has surfed the Internet on his or her computer has encountered advertisements that pop-up from time to time. While the average Internet user may find the advertisements annoying, the question before the Court is whether they violate trademark or copyright law. Plaintiffs Wells Fargo & Co. and Quicken Loans, Inc. have asked the Court for a preliminary injunction against Defendant WhenU.com, Inc., whose business is Internet contextual advertising. For the…

2Cases cited58 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
  3. Mazurek v. ArmstrongSupreme Court of the United States · 1997
  4. Philip D. Overstreet v. Lexington-Fayette Urban County GovernmentCourt of Appeals for the Sixth Circuit · 2002
  5. Leary v. DaeschnerCourt of Appeals for the Sixth Circuit · 2000

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3Cited by30 opinions

  1. 1-800 Contacts, Inc. v. whenu.com, Inc. And Vision Direct, Inc.Court of Appeals for the Second Circuit · 2005
  2. Rescuecom Corp. v. Google Inc.Court of Appeals for the Second Circuit · 2009
  3. Merck & Co. v. Mediplan Health Consulting, Inc.District Court, S.D. New York · 2006
  4. Government Employees Insurance v. Google, Inc.District Court, E.D. Virginia · 2004
  5. Overstock. Com, Inc. v. SmartBargains, Inc.Utah Supreme Court · 2008

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