 Plaintiff argues that it has been harmed by the creation of an "impermissible affiliation between Plaintiff and Defendant", since because of Defendants' pop-up advertising, users "are likely to have the impression that the pop-up advertisements operate in cooperation with, rather than in competition against, the Plaintiff".William D. Neal, an expert for 1-800 Contacts, conducted a study to determine if consumers were likely to be confused as to the source of the popup advertisements displayed by the defendants software.The conclusion of this survey was the 76% of users who had the SaveNow software on their system did not realize that it generated pop-up ads as the result of them visiting specific websites.