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

Valley View Self Storage
Valley View Self Storage
in the last week
We highly recommend Rescuecom Corporation. We needed immediate help with our office computer and ge
...We highly recommend Rescuecom Corporation. We needed immediate help with our office computer and getting us back up and running they were very through and great to work with. less
Tod Baseden
Tod Baseden
a week ago
Awesome tech support went above and beyond. I highly recommend going with Resuecom. Roy killed it!
...Awesome tech support went above and beyond. I highly recommend going with Resuecom. Roy killed it! less
Nicole Gray
Nicole Gray
a month ago
I am so thankful for Rescuecom for saving my computer and my sanity. I spent a week trying to remove
...I am so thankful for Rescuecom for saving my computer and my sanity. I spent a week trying to remove viruses from my computer with a program I bought online that promised 24/7 premium customer service and that was a lie. This company is the real deal. I received immediate help, within a minute of me signing up and David was very kind and knowledgeable and once my computer finished its scan 7 hrs later I immediately received another call from Roy to complete the next step. All I had to do was give him access to my computer and he did the rest of the work while I did other things. He called me as soon as he was done and then went over everything with me and helped me with issues I was having with my gmail account. Exemplary customer service and highly skilled technicians and peace of mind for me, I am extremely grateful and I am now a customer for life! less
robert hand
robert hand
2 months ago
I am thoroughly impressed with this company. The attention to detail, a high level of professionalis
...I am thoroughly impressed with this company. The attention to detail, a high level of professionalism, and sticking with some rather pesky problems until both the technician and I were satisfied with the results. Bravo! less
View all Google reviews

Featured in:


Feature Inthe New York TimesFOX NEWSUSA TodayComputer WorldCNNForbes