Search engine giant Google won last week in a case against Rescuecom Corproation in one of Google's numerous battles in connection with its right to sell a trademark as a keyword triggering a sponsored link advertisement to a website of the trademark holder's competitor.
The case law on this subject is inconsistent. Nevertheless, this judgment seems like one of Google's biggest wins in this field, since the court knocked out the clain in an early stage while analyzing the case law in this field, including case law in which an opposite conclusion was reached.
A detailed overview of this subject is available in the cyberlaw section of our website. Also, the link hereinbelow links to the judgment of the New York District Court.
http://claranet.scu.edu/tempfiles/tmp28538/rescuecomgoogle.pdf