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RESCUECOM CORP. v. GOOGLE INC.

Docket No. 06-4881-cv.

562 F.3d 123 (2009)

RESCUECOM CORP., Plaintiff-Appellant, v. GOOGLE INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: April 3, 2009.

Attorney(s) appearing for the Case

Edmund J. Gegan, Rescuecom Corporation, Syracuse, NY, for Appellant.

Michael H. Page, Keker & Van Nest, LLP, San Francisco, CA (Mark A. Lemley and Joseph C. Gratz, on the brief), for Appellee.

Before: LEVAL, CALABRESI, WESLEY, Circuit Judges.

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...

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