Earlier this week, the U.S. Court of Appeals for the Fourth Circuit brought life back to Rosetta Stone's trademark infringement case against Google. The 2009 lawsuit accuses Google of profiting by allowing Rosetta Stone competitors to purchase trademarked keywords, Reuters reports. Rosetta Stone is among trademark owners that struggle to keep rogue sites from selling counterfeit copies of their language software in schemes that defraud consumers.
The case was dismissed by Virginia district court in 2010 but the appellate decision revives the suit. In the appellate decision, Chief Judge William Traxler wrote, "A reasonable trier of fact could find that Google intended to cause confusion and that it acted with the knowledge that confusion was very likely to result from its use of the marks."
This comes on the heels of another court reversal last week in which the U.S. Court of Appeals for the Second Circuit reversed portions of a decision regarding copyright infringement by Google-owned YouTube and kicked it back to lower court for trial.