EFF’s Guide to Griping, Plus Some Recommendations of My Own
…site’s keyword metatags. Some courts lose all sense of perspective the moment they see a trademark in the keyword metatag. Plus, the keyword metatag offers very little or no SEO…
Promatek Redux: Software Consultant Enjoined from Metatag Usage and Other TM References–Deltek v. Iuvo
…of any relationship. Citing the doctrinally confused Axiom case, the court relies on the same implied-affiliation grounds for the metatags, saying “This use of Deltek’s trademarks as metatags may cause…
Catching Up on Three Keyword Advertising Cases–Hearts on Fire, Romeo & Juliette, AAA
…bound by the First Circuit’s Venture Tape case, which did not address use in commerce in a metatags case). After canvassing the statute and the precedent, the court says “there…
Second Circuit Says Google’s Keyword Ad Sales May Be Use in Commerce–Rescuecom v. Google
…sales, but I would be surprised if it did so. 3) This case also jeopardizes the rulings in those cases that keyword metatags aren’t a trademark use in commerce. The…
Keyword Ads and Other Marketing Supports Remote Jurisdiction–Market America v. Optihealth
…plaintiff trademarks as keyword triggers, and including OPC-3 in the metatags (as usual, the court was imprecise about which type of metatag, but I infer it was a keyword metatag)….
Rip-off Report Back in Court
…Report’s trademarks by creating and using the URL “http://rip-off-report.pissedconsumer.com” and putting “Rip-off Report” in the site metatags. Hmm…does Rip-off Report really want to establish the precedent that these activities infringe???…
426,487 Reasons Why Metatags Still Matter (In Court)–Venture Tape v. McGills
…latest appellate courts this year to experience a judicial freakout about metatags. The price tag to the defendant for using ineffectual metatags: $426,487 in damages, costs and attorney’s fees. The…
Court Slams Competitive Metatagging and Keyword Advertising–Soilworks v. Midwest Industrial Supply
…variations of the phrase in metatags for its websites.” The opinion doesn’t specify if the advertiser triggered ads on the term “soil sement” or displayed the trademark in the ad…
Two Regressive Search Engine Advertising Rulings–Standard Process v. Total Health and Finance Express v. Nowcom
…name was to direct potential consumers of Finance Express’ products to Nowcom’s website.” * Metatags/Keyword Stuffing. I have argued against including competitive trademarks in keyword metatags on a straight cost-benefit…
Keyword Metatags and Keyword-Triggered Ads Don’t Create Initial Interest Confusion–Designer Skin v. S&L Vitamins
…the surreptitious trademark uses in the keyword metatags and in keyword advertising, not any uses visible to consumers. The plaintiffs argued that these surreptitious uses created initial interest confusion (the…