 In "1-800 Contacts", ads were displayed in a different window and did not affect the end-user's ability to access the plaintiff's website (note that the ads appeared in synchrony with the plaintiff's website).The court accepted Rescuecom's assertion that Google's placement of "sponsored links" above organic search results could lead to user confusion as required under Rule 12(b)(6) of the Federal Rules of Civil Procedure.As a result, Google's argument that a sponsored link is analogous to placement of a generic brand next to a trademarked brand
 was rejected by the court.