 District Courts within the Sixth and Fourth Circuits ruled that WhenU's use of the plaintiff's trademarked URLs did not constitute a use of the plaintiff's trademarks because this use was restricted to the operation of WhenU's software.The Second Circuit in "1-800 Contacts v. WhenU.com Inc." upheld the above line of reasoning, holding that usage of a trademark in an "unpublished directory of terms" and the appearance of "separate, branded ads" triggered by a trademark do not constitute "use" of the trademark as per the Lanham Act.This decision is noteworthy for discussion of "Rescuecom" due to stare decisis and the binding precedent established by an appellate court.