On Your Mark
April 29, 2009
Trademark holders, start your engines! - Internet search engine that is. After the Second Circuit's decision in Rescuecom Corp. v. Google Inc., trademark holders may finally be able to go after entities like Google for trademark infringement. Don't race off to the courthouse just yet though. Taking the facts alleged in the complaint as true (as required on the appeal of a 12(b)(6) motion), the Rescuecom court found that Google's sale of Rescuecom's mark to its competitors as an Internet search term constituted a "use in commerce" sufficient to state a claim under the Lanham Act. However, Rescuecom can only succeed on that claim if it can prove that Google's use of its trademark is likely to cause confusion.
Read the full article about Rescuecom Corp. v. Google Inc. on APaTS: Advanced Patent Trial Strategies
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