· 4/3/2009
Rescuecom Corp. v. Google Inc.
Citations
- 562 F.3d 123
- 90 U.S.P.Q. 2d (BNA) 1287
- 2009 U.S. App. LEXIS 7160
- 2009 WL 875447
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that Google’s sale of trademarks for use as search keywords constitutes use in commerce
- holding that complaint regarding Google’s AdWord’s recommendation of plaintiff’s trademark to plaintiff’s competitors “adequately plead[ed] a use in commerce” under the Lanham Act
- holding that Google’s placement of an advertisement in a search result constituted a use in commerce
- holding that allegations establishing display, offer and sale of plaintiffs trademark by Google to advertisers established a “use in commerce” under the Lanham Act sufficient to survive a motion to dismiss
- holding that Google’s use of the plaintiff’s trademark as a keyword to trigger the display of the advertiser’s copy on Google’s search results page and as a suggestion to advertisers constituted “use in commerce”
- explaining that “use of a trademark in a software program’s internal directory [does not] preclude[] a finding of trademark use”
Source: CourtListener parenthetical corpus (CC0).
Judges: Leval, Calabresi, Wesley, Circuit Judges
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.