According to Weight Watchers, pop-ups from DiscreetDrugs.com,
owned by Florida-based USA Prescriptions, began appearing recently
on WeightWatchers.com offering “low prices” and “express delivery”
for drugs such as Phentermine, Adipex, Didrex and Meridia.
However, the ads do not appear unless the internet user has
downloaded so-called “ad-ware” which delivers ads with the user’s
consent. The ads on WeightWatchers.com are delivered by “Save Now!”
software which lets companies pay to advertise on specific third
party web sites.
In the lawsuit, filed in a federal court in New York, Weight
Watchers alleges that the pop-ups infringe on its trade marks,
dilute the company’s rights in those marks and “systematically and
unlawfully trade” on its brand. The company also claims that the
ads “compromise Weight Watchers reputation and deceive consumers,”
noting that the company has a policy against the use of drugs in
its diet programmes.
The company previously won a lawsuit against DietWatch.com, a
rival that paid ad-ware company Gator to deliver ads to visitors of
WeightWatchers.com.
