2006

Google successfully brought a motion to dismiss infringement and dilution action brought against it in the Northern District of New York. The Court rejected the GEICO holding that the sale of a keyword by a search engine was trademark use.
RescueCom v. Google, 5:04CV-1055 (NDNY Sept 28, 2006)
Prof Goldman commentary here.

monkey.jpg
You’re right, the monkey is wrong. Either you or the monkey would have had to either have used the IPOD mark in commerce, or filed a trademark application prior to Apple. We assume that the monkey acted as your agent. We would be conflicted out of advising you in matters where the monkey’s interests

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