Rescuecom Corp. v. Google Inc.’s Empirical Analysis
562 F.3d 123 · 2009
Citation profile
9 federal appellate · 12 district · 1 state decisions
How this case has been cited
Cited by 95 later decisions — most recently June 2025 · most notably Famous Horse Inc. v. 5th Ave. Photo Inc. (2010), Network Automation, Inc. v. Advanced Systems Concepts, Inc. (2011)
9 federal appellate · 12 district · 1 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 15 U.S.C. § 1051 (§ 1 of the Trademark Act of 1946 (Lanham Act)) · 15 U.S.C. § 1114 (§ 32 of the Trademark Act of 1946 (Lanham Act)) · 15 U.S.C. § 1125 (§ 43 of the Trademark Act of 1946 (Lanham Act)) · 15 U.S.C. § 1127 (§ 45 of the Trademark Act of 1946 (Lanham Act))
Relies on Two Pesos, Inc. v. Taco Cabana, Inc. · Whitman Administrator of Environmental Protection Agency v. American Trucking Associations Inc · United States v. Steffens · Lentell v. Merrill Lynch & Co. · Theresa Gregory v. Edward J. Daly
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 95 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he term ‘use in commerce’ means the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark.” Because this sentence refers to the bona fide use of a mark, it does not appear to define”
5 later decisions quote this exact passage · from the majority“AdWords is Google's program through which advertisers purchase terms (or keywords). When entered as a search term, the keyword triggers the appearance of the advertiser’s ad and link. An advertiser’s purchase of a particular term causes the advertiser’s ad and link to be displayed on the user’s screen whenever a searcher launches a Google search based on the purchased search term. Advertisers pay Google based on the number of times Internet users 'click' on the advertisement, so as to link to the advertiser’s website.”
4 later decisions quote this exact passage · from the majority“Rescuecom Corp. v. Google Inc. , 562 F.3d 123 , 139 (2d Cir. 2009) ; see also 4 McCarthy on Trademarks and Unfair Competition § 23:11.50 (5th ed.) (arguing that Section 1127”
3 later decisions quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.