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Rescuecom Corp. v. Google Inc. 562 F.3d 123 (2nd Cir. 2009), was a United States Court of Appeals for the Second Circuit case in which the court held that recommending a trademark for keyword advertising was a commercial use of the trademark, and could constitute trademark infringement. The case involved Rescuecom, a computer repair and support company, and Google, a web search and advertising company. Prior to the cases resolution, Google recommended the 'Rescuecom' trademark to businesses (including Rescuecoms competitors), that were buying keywords through Googles AdWords product. The case was first heard by the United States District Court for the Northern District of New York in 2006. The court ruled in favor of Google and held that Googles use of the Rescuecom trademark did not constitute a "use" under the Lanham Act. As a result, Rescuecoms claims of infringement did not apply. The Second Circuit vacated this ruling in 2009, ruling that Googles actions constituted commercial use and that Rescuecoms claims could not be immediately dismissed. The case was sent back to the district court for reconsideration. The use of trademarks in the United States is governed by the Lanham Act (Title 15, Article 22 of the United States Code). Prior case law in the area of keyword-triggered trademark use consisted at the time of a series of cases involving WhenU (heard by district courts outside the Second Circuit), as well as 1-800 CONTACTS, INC. v. WhenU. com, Inc., a case heard by the Second Circuit appeals court. Both the district and appeals court in Rescuecom discuss these cases extensively.


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