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ARTICLE · 27 APRIL 2010

Rescuecom Declares "Victory" Against Google: Oh Really?

Duane Morris LLP
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In a recently issued press release, Rescuecom states, with respect to its long-running lawsuit against Google, that it "can finally declare victory in its effort to protect how its trademark 'Rescuecom' is treated on Google's search engine."

United StatesIntellectual Property
Eric Sinrod
Eric Sinrod
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Reprinted with permission from FindLaw.com

In a recently issued press release, Rescuecom states, with respect to its long-running lawsuit against Google, that it "can finally declare victory in its effort to protect how its trademark 'Rescuecom' is treated on Google's search engine." As a consequence, Rescuecom has dismissed its lawsuit. But was this a true "victory" for Rescuecom?

Rescuecom claims that in early 2004, prior to going public, Google changed its trademark policy to allow anyone willing to spend the money to use the trademarks of others to trigger their own sponsored link advertisements and that Google began suggesting certain trademarks, including Rescuecom's mark, to prospective advertisers via its Keyword Suggestion Tool. Rescuecom notes that during its litigation against Google, a federal appellate court rejected Google's argument that its "auction" of Rescuecom's mark to the highest bidder was not a trademark use of that mark.

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