Rescuecom v. Google Appellant Brief

By Eric Goldman

Rescuecom v. Google, 06-4881-CV (2nd Circuit appellant brief filed January 12, 2007)

You may recall Rescuecom v. Google, which held that Google was not making a trademark use in commerce by selling trademarked keywords. This ruling resulted in a quick and decisive win for Google.

Rescuecom has appealed the case to the Second Circuit, the same court that decided 1-800 Contacts v. WhenU, which held that an adware vendor (WhenU) wasn’t making a trademark use in commerce by selling trademarked keywords. You can find the appellant’s brief here.

Disclosure note: I am planning to help write and file an amicus brief in this case on behalf of Google. Sorry, those of you eagerly anticipating my deconstruction of this brief will have to be patient.

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