Rescuecom v. Google

Things begin to heat up. The Court of Appeals for the Second Circuit has reversed the District Court's (N.D.N.Y.) dismissal of Rescuecom v. Google.
Citing to the precedent set in 1800 v. WhenU by the Second Circuit, the District Court had earlier dismissed this matter indicating that Rescuecom failed to show that Google's "use in commerce" [of the Rescuecom mark ]was actionable under the Lanham Act. However, the Court of Appeals, not commenting on Rescuecom's ability to succeed on its Lanham Act claims, did find sufficient grounds for an 'actionable pleading' and remanded the case.