Legal Opinion
Rescuecom Corp. v. Google Inc.
Court of Appeals for the Second Circuit
Decided April 3, 2009No. Docket 06-4881-cvPublishedCited by 133 opinions
1Opinion of the Court
LEVAL, Circuit Judge:
Appeal by Plaintiff Rescuecom Corp. from a judgment of the United States District Court for the Northern District of New York (Mordue, Chief Judge) dismissing its action against Google, Inc., under Rule 12(b)(6) for failure to state a claim upon which relief may be granted. Rescuecom’s Complaint alleges that Google is liable under §§32 and 43 of the Lanham Act, 15 U.S.C. §§ 1114 & 1125, for infringement, false designation of origin, and dilution of Rescuecom’s eponymous trademark. The district court believed the dismissal of the action was compelled by our holding in…
2Cases cited15 opinions
- Two Pesos, Inc. v. Taco Cabana, Inc.Supreme Court of the United States · 1992
- Whitman v. American Trucking Assns., Inc.Supreme Court of the United States · 2001
- Gregory v. DalyCourt of Appeals for the Second Circuit · 2001
- United States v. SteffensSupreme Court of the United States · 1879
- Lentell v. Merrill Lynch & Co.Court of Appeals for the Second Circuit · 2005
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3Cited by133 opinions
- Network Automation, Inc. v. Advanced Systems Concepts, Inc.Court of Appeals for the Ninth Circuit · 2011
- Famous Horse Inc. v. 5th Ave. Photo Inc.Court of Appeals for the Second Circuit · 2010
- Kelly-Brown v. WinfreyCourt of Appeals for the Second Circuit · 2013
- Rosetta Stone Ltd. v. Google, Inc.Court of Appeals for the Fourth Circuit · 2012
- New York City Triathlon, LLC v. Nyc Triathlon Club, Inc.District Court, S.D. New York · 2010
128 more not listed; retrieve them via the Exa API.