The SaveNow program contains a directory that match specific URLs or search terms that the user enters into their browser to categories of popup advertisements.

Specifically relevant to this case, when the user typed "1800contacts.com" into their browser the SaveNow program would match this to the category "eye-care" and retrieve an ad for a company in this space.

[1] William D. Neal, an expert for 1-800 Contacts, conducted a study to determine if consumers were likely to be confused as to the source of the popup advertisements displayed by the defendants software.

The conclusion of this survey was the 76% of users who had the SaveNow software on their system did not realize that it generated pop-up ads as the result of them visiting specific websites.

Additionally, professor John Deighton, an expert in interactive marketing, testified that due to novel structure of the internet, a "conjoined" model has emerged that is "a combination of publisher and marketplace".

The Electronic Frontier Foundation criticized the case, stating that it was "not to help [people] fight off adware and spyware" but was rather intended to allow companies "to gain control over [a computer's] desktop".

They argued this lawsuit if successful "would create a precedent that would enable trademark owners to dictate what could be open on your desktop when you visit their websites".