The EFF filed an amicus brief supporting WhenU in its appeal to the Second Circuit in 1-800 Contacts v. WhenU. The EFF argues that the Second Circuit should re-evaluate the initial interest confusion doctrine, require evidence of actual confusion.
ClickZ: EFF Seeks Reversal of WhenU Ruling
Watch this space for much more about WhenU, Gator, pop-ups and initial interest confusion.