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1-800 CONTACTS, INC. v. LENS.COM, INC.

Nos. 11-4114, 11-4204, 12-4022.

722 F.3d 1229 (2013)

1-800 CONTACTS, INC., Plaintiff-Appellant/Cross-Appellee, v. LENS.COM, INC., d/b/a Lens.com, Defendant-Appellee/Cross-Appellant, and JustLens.Com; JustLenses.Com, a Nevada corporation, Defendants.

United States Court of Appeals, Tenth Circuit.

July 16, 2013.

Attorney(s) appearing for the Case

Mark A. Miller , Holland & Hart LLP, Salt Lake City, UT, ( Bryan G. Pratt , Holland & Hart LLP, Salt Lake City, UT; Marcy G. Glenn , Holland & Hart LLP, Denver, CO; and Donald A. Degnan , Holland & Hart LLP, Boulder, CO, with him on the briefs), for Plaintiff-Appellant, Cross-Appellee.

Scott R. Ryther , Phillips Ryther & Winchester, Salt Lake City, UT, ( Mark M. Bettilyon , Ray, Quinney & Nebeker, P.C., Salt Lake City, UT, with him on the briefs), for Defendant-Appellee, Cross-Appellant.

Before BRISCOE, Chief Judge, LUCERO, and HARTZ, Circuit Judges.

HARTZ, Circuit Judge.

The Lanham Act, 15 U.S.C. §§ 1051-1127, prohibits the infringement of trademarks (used to identify products) and service marks (used to identify services). It was enacted in 1946, but because it speaks in general terms it can be applied to technologies unimagined at the time of enactment. One such technology, the Internet, has created a number of challenging issues. The case before us concerns Internet search engines, which present...

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