Use of Another's Trademark in Web Site Metatags

A metatag is a coding statement for a Web site in the Hypertext Markup Language (“HTML”) that describes the site's content. The information provided in metatags can be used by search engines to determine Web page relevancy and to influence search results. In a surprising development, the U.S. District Court for the Eastern District of Wisconsin has determined that the use of metatags in Web site code does not create initial interest confusion, because current search engines no longer use metatags to determine the relative relevance of a Web site, preferring instead to use algorithms that rank the Web sites by the number of other sites that link or point to them. Standard Process, Inc. v. Banks, ___ F. Supp. 2d ___ (E.D. Wis. 2008). Thus, the court reasoned, an Internet search for a product by its trademark will no longer display a particular Web site in the search results just because it contains that mark in a metatag. A consumer will therefore not be lured to such a Web site through initial interest in the trademarked product.