From: Findlaw Case Summaries, Second Circuit U.S. Court of Appeals:
CYBERSPACE LAW, INTELLECTUAL PROPERTY, TRADEMARK
Rescuecom Corp. v. Google Inc. , No. 06-4881
In an action brought under the Lanham Act for trademark infringement, false designation of origin, and dilution, the district court’s dismissal for failure to state a claim is reversed and remanded where plaintiff’s allegations that Google’s recommendation and sale of its 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 plaintiff’s trademark, defendant made a use in commerce of the plaintiff’s trademark, properly alleges a claim under the Lanham Act.