United States Second Circuit

In an action brought under the Lanham Act for trademark infringement, false designation of origin, and dilution, the district court's dismissal for failure to state a claim is reversed and remanded where plaintiff's allegations that Google's recommendation and sale of its mark to Google's advertisers, so as to trigger the appearance of their advertisements and links in a manner likely to cause consumer confusion when a Google user launches a search of plaintiff's trademark, defendant made a use in commerce of the plaintiff's trademark, properly alleges a claim under the Lanham Act.

Appellate Information

• Decided 04/03/2009
• Published 04/03/2009

Judges

• LEVAL, Circuit Judge:, Before:  LEVAL, CALABRESI, WESLEY, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Jason Schultz, Corynne McSherry, and Fred Von Lohmann, Electronic Frontier Foundation, San Francisco, CA, for Amicus Curiae Electronic Frontier Foundation., Eric Goldman, Santa Clara University School of Law, Santa Clara, CA, Stacey Dogan, Northeastern University School of Law, Boston, MA, for Amici Curiae Intellectual Property Law Faculty., Paul Alan Levy, Public Citizen Litigation Group, Washington, D.C., for Amicus Curiae Public Citizen., Celia Goldwag Barenholtz, Janet L. Cullum, Jason M. Koral, and Christine K. Hsieh, Cooley Godward Kronish LLP, New York, NY, for Amici Curiae Yahoo! Inc., AOL LLC, and eBay Inc.


• For Appellees:
  
• Joseph C. Gratz, on the brief, for Appellee.