A Closer Look At Rescuecom V. Google

Law360, New York (April 6, 2009, 12:00 AM EDT) -- On April 3, 2009, in a widely anticipated decision in the Rescuecom v. Google case, the U.S. Court of Appeals for the Second Circuit held that keying a sponsored search advertisement to another’s trademark constitutes actionable trademark use under the Lanham Act.

The court vacated the district court’s Rule 12(b)(6) order dismissing Rescuecom’s complaint.

The district court’s decision had been based on the Second Circuit’s earlier pop-up advertising decision in 1-800 Contacts v. WhenU.com. In Rescuecom, the Second Circuit distinguished 1-800 Contacts and held that, for...
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