 This assertion was based on his belief that users who had chosen to install the SaveNow software would be frustrated in further attempts to use the software.In December 2003 Judge Deborah Batts of the United States District Court for the Southern District of New York granted a preliminary injunction, barring WhenU from delivering the advertisements to some web surfers, on the grounds that it constituted trademark infringement violating the Lanham Act.The district court held that while the trademark infringement claim was likely to succeed on the merits the copyright infringement claim was unmeritorious.