On Appeal Alert: Google’s Sale of Trademark as a Keyword is a “Use In Commerce” That May Constitute Trademark Infringement

April 2009

The Second Circuit's decision in Rescuecom Corp. v. Google Inc., 2009 WL 875447 (Apr. 3, 2009) (Leval, J.), is a major new decision on the meaning of "use in commerce" under the Lanham Act. It brings the Second Circuit into harmony with most of the rest of the country after its much-criticized decision in 1-800 Contacts, Inc. v. WhenU.com, Inc., 414 F.3d 400 (2005). Rescuecom should have major repercussions on enforcement of trademark rights on the Internet.

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