Big Law
Warby Parker Wins a Lawsuit Over 1-800 Contacts ‘Copycat’ Site
Warby Parker has beaten a lawsuit accusing it of attempting to confuse consumers into believing that its products are affiliated with those of 1-800 Contacts by adopting a website that allegedly “mimics the look and feel of 1800contacts.com” and bidding on 1-800 Contacts’ trademarks as search engine keywords to generate Warby Parker advertisements. Handing Warby Parker a win in the almost-year-old lawsuit, a New York federal court granted its motion for judgment on the pleadings, finding that 1-800 Contacts did not plausibly plead a claim for relief as to its claims for trademark infringement and unfair competition, namely, by failing to show that consumers are likely to be confused as to the nature of Warby Parker’s products.
