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RESCUECOM CORP. v. GOOGLE, INC.

No. 5:04-CV-1055 (NAM/GHL).

456 F.Supp.2d 393 (2006)

RESCUECOM CORPORATION, Plaintiff, v. GOOGLE, INC., Defendant.

United States District Court, N.D. New York.

September 28, 2006.

Attorney(s) appearing for the Case

Rescuecom Corporation, Edmund J. Gegan, Esq., of counsel, Syracuse, NY, for Plaintiff.

Hunton & Williams LLP, Shawn Patrick Regan, Esq., of counsel, New York City, for Defendant.

MEMORANDUM-DECISION AND ORDER

MORDUE, Chief Judge.

I. INTRODUCTION

Defendant Google, Inc., moves to dismiss plaintiff Rescuecom Corporation's complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim on which relief can be granted. Defendant contends that selling "Rescuecom", plaintiffs trademark, to plaintiff's competitors as a keyword that triggers the appearance of links to their websites...

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