Law360, New York (April 3, 2009, 12:00 AM EDT) -- A federal appeals court breathed new life into Rescuecom Corp.’s trademark suit against Google Inc. on Friday when it overturned a lower court’s decision to dismiss the case in which Google was accused of infringing and diluting Rescuecom’s eponymous trademark by selling it as a search keyword to the plaintiff’s competitors.
The U.S. Court of Appeals for the Second Circuit’s ruling vacated the judgment dismissing the case and remanded it for further proceedings.
The appeals court said that Syracuse-based Rescuecom’s allegations that Google’s recommendation and sale...
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