Proving that even the bad guys can get ahead if they play by the rules. Now, if only the law allowed the courts to shut down adware makers, we could all breathe a sigh of relief. Such relief, I’m afraid, is not going to happen while ‘the current administration’ is in place.

A federal appeals court overturned a ruling against adware maker WhenU that held it violated the trademarks of vision specialist 1-800-Contacts in the sale and distribution of pop-up advertising.

The ruling, delivered Monday by the 2nd U.S. Court of Appeals, reversed an earlier decision that confined WhenU from selling pop-ups triggered by 1-800-Contacts’ trademarks, in violation of the Lanham Act, the U.S. trademark act.

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