Trademark Metadata Can Violate Lanham Act When Used By Competitors
Mark Giangrande (DePaul), editor of Tech Law Prof Blog reports:
The 11th Circuit Court of Appeals has ruled that a company who uses meta-tags of their competitor's trademarks in their web site violates the Lanham Act. The case is North American Medical Corp. v. Axiom Worldwide, Inc., ___F.3d___, 2008 WL 918411 (CA 11, April 7, 2008). The case involves multiple issues, including false claims Axiom allegedly made about North American Medical products. The use of trademarks, however, is the more interesting issue. The District Court found that Axiom's use of North American Medical trademarks as meta-tags violated 15 USC §1114(1)(a) by using them "in commerce" and causing a likelihood of confusion.
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