Appeals Court revives litigation against Google

April 7, 2009 - 6:47am | Law aspects | News |
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Appeals Court revives litigation against Google

On Friday the U.S. Court of Appeals for the Second Circuit in New York ruled that Rescuecom's litigation against Google should be considered and the latter should defend a trademark lawsuit by Rescuecom Corp over advertisements related to keyword searches. Earlier the case against Google was dismissed by a U.S. District Court.

"The complaint's allegations that Google's recommendations and sale of Rescuecom's mark to Google's advertisers, so as to trigger the appearance of their advertisements and links in a manner likely to cause consumer confusion when a Google user launches a search of Rescuecom's trademark, properly alleges a claim," under trademark law known as the Lanham Act, the three- judge panel said in a written decision.

According to Google’s point of view the litigation is unfair and the company intends to defend against Rescuecom, reported Google senior litigation counsel Catherine Lacavera. She noted that Google believes its “trademark policy strikes the proper balance between trademark owners' interests and consumer choice”.







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