Meta Tag Abuse
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It must be remembered that use is important not only for infringement but
also for saving a mark
from non-use. In the latter context it would at least be odd that a wholly
invisible use could
defeat a non-use attack.
Should metatag use be treated in the same way as uses of a trade mark which
ultimately are read by
people, such as uses on a DV? Is there an indication to someone as to trade
origin? But use read
by consumers may not count – they never convey a message to anyone.
If metatag use does count as use, is there infringement if the marks and
goods or services are
identical? This is important: one way of competing with another is to use his
trade mark in your
metatag – so that a search for him will also produce you in the search results.
Some might think
this unfair – but others that this is good competition provided that no-one is
For the time being this area is murky but interpreting Jacob’s judgment in
Reed one must come to
the conclusion that there is NO trade mark infringement with meta tag abuse.
is a trademark Solicitor who specialises in information technology law and
intellectual property law.
About the Author
Lawdit Solicitors offer services and
advice for litigation, commercial contracts, Intellectual Property and IT legal
agreements. We are experts in commercial law with a heavy emphasis on
Intellectual Property, Internet and e-commerce law. Lawdit is a member of the
International Trademark Association, the Solicitors' Association of Higher Court
Advocates and we are the appointed Solicitors to the largest webdesign
association in the world, the United Kingdom Website Designers Association.
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Article Published/Sorted/Amended on Scopulus 2007-09-11 19:06:30 in Legal Articles