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1-800 CONTACTS, INC. v. JAND, INC.

21-cv-6966 (PKC).

608 F.Supp.3d 148 (2022)

1-800 CONTACTS, INC., Plaintiff, v. JAND, INC. d/b/a Warby Parker, Defendant.

United States District Court, S.D. New York.

Signed June 27, 2022.

Attorney(s) appearing for the Case

Thomas Agnello, Michael Best Si Friedrich LLP, Milwaukee, WI, Brian Hauser, Shearman & Sterling LLP, Washington, DC, Jeffrey H. Brown, Michael Best & Friedrich LLP, Chicago, IL, Steven J. Joffee, Michael Best & Friedrich LLP, Cottonwood Heights, UT, Susan Loeb, Stephen Robert Fishbein, Shearman Sterling LLP, New York, NY, for Plaintiff.

Lauren Danielle Toaltoan, Davis Wright Tremaine LLP, New York, NY, Robert Donald Carroll, Goodwin Procter, LLP, Boston, MA, for Defendant.

OPINION AND ORDER

Plaintiff 1-800 Contacts, Inc. ("1-800 Contacts") is an online retailer of contact lenses. Defendant JAND, Inc., doing business as Warby Parker ("Warby Parker"), is an online and physical retailer of eyeglasses and a recent entrant into the online contact lens marketplace. As against...

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