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Courts Show Confusion over Uses of 'Metatags'

The use of a trademark in computer code words, called 'metatags,' by a competitor to boost its position in Internet searches infringes under the Lanham Trademark Act, according to the Eleventh U.S. Circuit Court of Appeals. But the decision, which conflicts with a Second Circuit holding, has touched off criticism that the Eleventh Circuit panel and federal courts generally don't understand the uses of metatags, and that this has resulted in rulings that muddle infringement law. <i>North American Medical Corp. v. Axiom Worldwide Inc.</i>, 522 F.3d 1211 (2008).

12 minute read June 26, 2008 at 03:13 AM
By
Pamela A. MacLean
Courts Show Confusion over Uses of 'Metatags'

The use of a trademark in computer code words, called 'metatags,' by a competitor to boost its position in Internet searches infringes under the Lanham Trademark Act, according to the Eleventh U.S. Circuit Court of Appeals.

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