On the morning of July 15, April 4, Beijing time, according to foreign media reports, the US Second Circuit Court of Appeal ruled on Friday that the next level court should accept PC maintenance and support company Rescuecom lawsuit against Google for infringement of its trademark rights.
The US Second Circuit Court of Appeal overturned the next level of court's ruling on Friday "rejecting Rescuecom against Google's trademark infringement lawsuit", ruling that the next level of court should accept this lawsuit.
Rescuecom alleged that when a netizen searches for its trademark name on the Google search engine, the returned search results contain ads directed to competitors, which can easily confuse consumers and may be misled. Google believes that the use of Rescuecom trademarks in its internal algorithms does not constitute infringement.
The US Court of Appeal for the Second Circuit pointed out that Google did not "internal use" the trademark name for recommending and selling Rescuecom to its advertisers ". The court Judge Pierre Leval said that if the court believes Google's claim, "search engine providers can use trademarks to fool consumers at will, this is neither in line with nor in line with the spirit of the lanhamfa."
The US Second Circuit Court of Appeal did not decide on Rescuecom's lawsuit against Google's trademark infringement, but ruled that the next level of court should accept this lawsuit.
"We are disappointed with this ruling, but we believe that, our trademark policy balances trademark ownership rights and consumers' right to choose. The lawsuit against us is unreasonable and we will defend our rights ."