New York, NY, June 28, 2005 -- WhenU.com, Inc., a New-York based Internet advertising firm, won a major victory yesterday when the Second Circuit Court of Appeals dismissed with prejudice trademark infringement claims brought by 1-800 Contacts. In ruling for WhenU, the Second Circuit found as a matter of law that WhenU's targeted delivery of advertisements does not constitute trademark infringement. "The fact is that WhenU does not need 1-800's authorization to display a separate window containing an ad any more than Corel would need authorization from Microsoft to display its WordPerfect word-processor in a window contemporaneously with a Word word-processing window," wrote Chief Judge John Walker. The decision is consistent with previous lower court rulings for WhenU in Michigan and Virginia.

"We could not have asked for a better decision," said Bill Day, CEO of WhenU. "This ruling closes the book on any lingering doubts that advertisers may have had about this technology. It's clear that the consumer owns the desktop, and our sole focus is to lead the way in best practices and enhance the consumer experience so that more and more consumers want to take advantage of our competitive advertising and comparison shopping technology."

"The opinion is the most important ruling to date on the subject of targeted Internet advertising," noted Celia Barenholtz, of the law firm of Kronish Lieb Weiner and Hellman who represented WhenU "and could have broad ramifications for search engines such as Yahoo! and Google that allow advertisers to buy targeted advertising based on brand names of competitors."

In finding for WhenU, the court distinguished WhenU's conduct from that of its competitors - noting that WhenU brands its ads prominently, does not disclose the proprietary contents of its directory and does not permit advertisers to pay for their ads to appear on specific websites. Google had filed an amicus brief urging the court to dismiss the trademark claims.

WhenU is the standards leader in software-based contextual advertising. The company's contextual advertising products support valuable free software in exchange for a limited number of relevant pop-up ads that offer consumers coupons and comparative advertising. WhenU also displays its contextual advertising in the form of desktop toolbars and embedded ads that power other applications.

All WhenU products are installed with the explicit permission of the consumer, are clearly branded and easily uninstalled. All products also come with WhenU's privacy guarantee, which states that the company does not track user data, use cookies that track users' online behavior, collect clickstream data, maintain a centralized database of users or engage in any type of user profiling. WhenU reaches more than 12 million unique consumers monthly and has attracted over 400 brand name advertisers.

WhenU is an established force in software-based contextual advertising and the industry leader in best practices. Its products include adware, branded toolbars and integrated contextual and behavioral products that enable many Fortune 500 companies to reach consumers with the right message at the right moment without compromising users' privacy or security. WhenU's unique advertising technology distinguishes itself from existing approaches by applying precision logic at the desktop level. From the desktop, WhenU software examines keywords, URLs and search terms currently in use on the opted-in consumer's browsers and then presents highly relevant advertising and services. WhenU does not harvest any data about users or their online activities; behavioral data remains encrypted on the user's machine. WhenU is headquartered in New York City and has offices in San Francisco and Toronto. For more information please visit http://www.whenu.com.