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ARTICLE · 13 JULY 2020

GOOGLES Wins Right To Sue Google

The US Court of Appeals for the Second Circuit vacated and remanded a district court's dismissal of a trademark dispute for lack of subject matter jurisdiction, noting that the dispute arose under contractual standing, which is not a jurisdictional issue.

United StatesIntellectual Property

The US Court of Appeals for the Second Circuit vacated and remanded a district court's dismissal of a trademark dispute for lack of subject matter jurisdiction, noting that the dispute arose under contractual standing, which is not a jurisdictional issue. SM Kids, LLC v. Google LLC, Alphabet Inc., Case No. 19-cv-2547 (2d Cir. June 25, 2020) (Parker, J.).

In 1997, Googles Children's Workshop registered the trademark GOOGLES and the internet domain name www.googles.com. The website launched in 1998 and focused on children's education and entertainment. That same year, Google adopted its name, and in 2004 it registered the GOOGLE mark. In 2005, the founder of Googles Children's Workshop sued Google for trademark infringement.

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