A recent decision of the U.S. Court of Appeals for the Second Circuit, Rescuecom Corp. v. Google Inc., No. 06-4881, F.3d (2d Cir. April 3, 2009), has clarified precedent that had been assumed to foreclose Lanham Act challenges to the surreptitious use of trademarks to compete in cyberspace.
Trademark Protection in Cyberspace Rescued
A recent decision of the U.S. Court of Appeals for the Second Circuit, <i>Rescuecom Corp. v. Google Inc.</i>, has clarified precedent that had been assumed to foreclose Lanham Act challenges to the surreptitious use of trademarks to compete in cyberspace. In the wake of <i>Rescuecom</i>, that interpretation has been rejected, and advertisers have a potent weapon to protect their trademarks against unfair competition on the Web.
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Norman C. SimonThis premium content is locked for LawJournalNewsletters subscribers only
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