Block on Trump's Asylum Ban Upheld by Supreme Court
In an action 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.
Appeal from the United States District Court for the Northern District of New York.
Argued: April 3, 2008
Decided: April 3, 3009
Errata Opinion: July 28, 2009
Before: LEVAL, CALABRESI, WESLEY, Circuit Judges.
Opinion by LEVAL, Circuit Judge.
For Appellant: Edmund J. Gegan, Rescuecom Corporation, Syracuse, New York.
For Appellee: Michael H. Page, Keker & Van Nest, LLP, San Francisco, California.