 Although the district court had jurisdiction to consider those claims under , it declined to exercise these claims as it had already dismissed Rescuecom's federal law claims.The Second Circuit vacated the district court's decision, holding that Google's use of the "Rescuecom" trademark constituted a "use in commerce" under the Lanham Act.The court noted this case as distinct from 1-800, rejecting the argument advanced by Google and accepted by a number of district courts in the Second Circuit, that the inclusion of a trademark in an internal computer directory cannot constitute trademark use.