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Metatag Infringement

Articles / CyberLaw
Posted by admin on Feb 10, 2009 - 06:33 AM

Is the use of a competitor's trademark in metatags trademark infringement?

See Brookfield Communications, Inc. v. West Coast Entertainment Corporation, 174 F.3d 1036 (9th Cir. 1999), which held that West Coast's use Brookfield’s "moviebuff" trademark in a metatag on its website is infringement. But see, Playboy Enterprises, Inc. v. Netscape Communications Corp., 354 F.3d 1020 (9th Cir. 2004), where the Court stated that there would be no likelihood of confusion if the visitor knew from the address bar it was not visiting the trademark owner's site, but the competitor's. When the dust settles, we'll see whether metatag infringement really is a viable cause of action.

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