Rescuecom, a computer repair and service firm, discovered that Google had used its name during this process, and recommended it to it AdWords customers.

The Second Circuit reversed the district court's decision in 2009, holding that Google's use of the "Rescuecom" trademark constituted a "use in commerce" under the Lanham Act, even when recommending it for purchase by its own advertising customers.

[1][5] Instead, the court held that "Google’s recommendation and sale of Rescuecom’s mark to its advertising customers are not internal uses" and were a full business transaction.

If the court were to accept Google's argument, "the operators of search engines would be free to use trademarks in ways designed to deceive and cause consumer confusion.

[1] In 2010, Rescuecom moved to drop the proceedings against Google and issued a press release declaring victory in the case.

[8] Thus it was unclear if Google had adjusted its AdWords recommendation process based on the circuit court ruling, or if Rescuecom had realized any rewards.