RESCUECOM Wins Appeal in Trademark Lawsuit with Google

Judge Rules for RESCUECOM in Appeal Against Google

FOR IMMEDIATE RELEASE:
4/20/09:

Rescuecom Computer Repair Company Wins Appeal Over Google in Trademark Suit

On April 3, 2009 the United States Court of Appeals for the Second Circuit sided with Rescuecom.com and granted its appeal in its trademark infringement lawsuit against Google, Docket Number 06-4881-cv.

Syracuse, NY (PRWEB) April 20, 2009 - In 2005, Rescuecom sued Google in the U.S. District Court for the Northern District of New York, Case Number 5:04-cv-1055, alleging that Google violated U.S. trademark law by selling Rescuecom's trademark "Rescuecom" to its competitors for use as a keyword to trigger their advertisements when consumers typed in "Rescuecom" on Google's Internet search engine. Rescuecom maintained that the manner in which Google did this was likely to confuse consumers. Google moved to dismiss Rescuecom's case, arguing that it did not matter whether consumers were confused because its sale of other companies' trademarks as "keywords" is exempt from United States trademark law because it is not "using" the trademark under the statute's definition of "use". In reversing and remanding the case to the District Court, the Second Circuit held that "if we were to adopt Google and its amici's argument, the operators of search engines would be free to use trademarks in ways designed to deceive and cause consumer confusion."

Rescuecom v Google decision is available by clicking here

"We are extremely pleased with the Court's decision," said David A. Milman, founder and chief executive officer of Rescuecom computer repair. "The Second Circuit's decision goes a long way toward re-establishing protections for consumers who search for and buy products and services on the Internet. It also helps protect the significant investments that smaller companies like Rescuecom make in their brand names from being used and abused by larger companies like Google."

Google displays, offers, and sells Rescuecom's mark to Google's advertising customers when selling its advertising services. In addition, Google encourages the purchase of Rescuecom's mark through its Keyword Suggestion Tool. According to the Complaint, Google uses and sells Rescuecom's mark "in the sale . . . of (Google's advertising) services . . . rendered in commerce."

"The Second Circuit's decision unravels a knot that has been developing in how trademark law applies on the Internet," said Rescuecom's counsel, Edmund Gegan. "In addition to its decision in Rescuecom's favor, the Court wrote a scholarly appendix to its decision rejecting Google's argument that the manner in which a trademark is "used" by alleged infringers should be interpreted narrowly. It was never Congress' intention to create a narrow definition of how infringers may not "use" trademarks. That would only protect the wrongdoer. The broader definition championed by the Second Circuit will expand the law's protection for consumers and for trademark owners alike."

Edmund J. Gegan
Corporate Counsel
Rescuecom Corporation

About RESCUECOM:

Rescuecom provides computer repair and computer support, 24/7. Meeting every tech support need, including data recovery, virus removal, networking, wireless services , hardware and software for small medium and large businesses.

Google Reviews

Sheila O'connor
Sheila O'connor
a week ago
When I called my compute was completely dead. Going away on Sunday and needed to have access to my c
...When I called my compute was completely dead. Going away on Sunday and needed to have access to my computer to get emails out before I left. I talked with T and she was very pleasant and understanding. Take all my information and had tech David call me back. Davis was so awesome and worked with me to get to the point were he could take over my machine. I am so thankful for David he was patience, understand, working with me. He went above and beyond to ensure me that everything will be okay and he would work all night if he had to get my computer fixed. I worked as a supervisor, office manager for many years, I would have been delighted to have David on my team. Once again I am thankful I gave rescue Com I have never any problems with any of the techs. I really appreciate David approach to customer service. Once again he was AWESOME! less
Katie Chuong
Katie Chuong
2 weeks ago
David is awesome!! He is so patient with all my issues and caring and I would definitely recommend t
...David is awesome!! He is so patient with all my issues and caring and I would definitely recommend this 5 star company to everyone, friends and family! less
Karen Gutfeld
Karen Gutfeld
a month ago
These guys are very helpful and know what they are doing. I am a complete dummy when it comes to tec
...These guys are very helpful and know what they are doing. I am a complete dummy when it comes to tech matters and David always walks me through it patiently so that in the end my problem is solved. Very appreciated. less
Sandy Ewell
Sandy Ewell
a month ago
Customer service is wonderful. Everything was explained as it was being fixed. Received a call back
...Customer service is wonderful. Everything was explained as it was being fixed. Received a call back when completed to make sure all my problems were taken care of. less
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