N.D.N.Y. Case No. 5:04-CV-1055 (9/28/06)
Complaint filed by Rescuecom against Google alleged that Google's use of the "Rescuecom" mark as a keyword in connection with the sale of sponsored links was a commercial use because the defendant was a commercial entity selling and offering for sale advertising on its internet search engine. The complaint further alleged that Google infringed Rescuecom's mark by using and encouraging the use by its AdWords advertisers of the trademark "Rescuecom" as a keyword as a means of advertising and selling the goods and services of Rescuecom's competitors through Google's AdWords advertising compaign. Finally, according to the complaint, Google's use of the mark caused initial interest confusion among users searching the Internet for Rescuecom.
The court granted Google's motion to dismiss, reasoning that the use of the mark was not a "use in commerce" because the mark was never displayed; thus, although such use of the mark was commercial in nature, it did not constitute a "use in commerce."
Keywords: advertising, keywords, trademark
| 