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Journal of Intellectual Property Law & Practice Advance Access originally published online on April 30, 2007
Journal of Intellectual Property Law & Practice 2007 2(6):362-363; doi:10.1093/jiplp/jpm058
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© The Author (2007). Published by Oxford University Press. All rights reserved

Current Intelligence

Second circuit reviewing Google keyword advertising case

David S. Fleming
Brinks Hofer Gilson & Lione, Chicago

Rescuecom Corp. v Google, Inc., Case No. 06-4881 (2nd Cir.). Decision below: Rescuecom Corp. v Google, Inc., 456 F.Supp.2d 393 (NDNY 2006)

The Second Circuit will be the first appeals court to decide directly whether a search engine's sale of advertisements that are keyed to trade marks of others constitutes trade mark use for purposes of an infringement claim. Briefing on the appeal was completed in March, including briefs from the parties and several amicus briefs, and oral argument will be scheduled for a date some time after mid-May.

Correspondence: dfleming{at}brinkshofer.com


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