2d Circuit Finds Selling Trademark Keywords "Use In Commerce"

In Rescuecom v. Google, the Second Circuit found on April 3, 2009, that selling trademarks as search engine advertising keywords can qualify as a "use in commerce" under the Lanham Act. According to an analysis piece in BNA's Patent, Trademark & Copyright Journal, the holding broke "from Second Circuit precedent and may benefit trademark holders seeking to prevent search engines and competitors from profiting off their protected marks."  Read more at 77 PTCJ 688.

http://0-iplaw.bna.com.cardcatalog.piercelaw.edu/iplw/