United States Second Circuit

In an action for for trademark infringement, false designation of origin, and dilution under the Lanham Act, district court's dismissal for failure to state a claim is vacated and remanded where plaintiff's allegations that Google's recommendation and sale of plaintiff's mark to its advertisers triggers the appearance of plaintiff's advertisements and links in a manner likely to cause consumer confusion when a Google user launches a search of plaintiff's trademark, adequately pleads a use in commerce and is a proper claim under the Lanham Act.

Appellate Information

• Decided 07/28/2009
• Published 07/28/2009

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.