 The case was sent back to the district court for reconsideration.The use of trademarks in the United States is governed by the Lanham Act (Title 15, Article 22 of the United States Code).Prior case law in the area of keyword-triggered trademark use consisted at the time of a series of cases involving WhenU (heard by district courts outside the Second Circuit), as well as "1-800 CONTACTS, INC. v. WhenU.