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Rescuecom Corp. v. Google Inc.
''Rescuecom Corp. v. Google Inc.'' 562 F.3d 123 (2nd Cir. 2009), was a United States Court of Appeals for the Second Circuit case in which the court held that recommending a trademark for keyword advertising was a commercial use of the trademark, and could constitute trademark infringement.〔 The case involved Rescuecom, a computer repair and support company, and Google, a web search and advertising company. Prior to the case's resolution, Google recommended the 'Rescuecom' trademark to businesses (including Rescuecom's competitors), that were buying keywords through Google's AdWords product.
The case was first heard by the United States District Court for the Northern District of New York in 2006. The court ruled in favor of Google and held that Google's use of the Rescuecom trademark did not constitute a "use" under the Lanham Act. As a result, Rescuecom's claims of infringement did not apply. The Second Circuit vacated this ruling in 2009, ruling that Google's actions constituted commercial use and that Rescuecom's claims could not be immediately dismissed. The case was sent back to the district court for reconsideration.
==Background==
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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