The Use of Trade Marks as Meta Tags: Defining the Boundaries

International Journal of Law and Information Technology, Vol. 8, No. 3, Autumn 2000

Posted: 15 Jan 2001

See all articles by A.D. Murray

A.D. Murray

London School of Economics - Law Department

Abstract

Top ranked returns on popular search engines such as Yahoo and Lycos could become the virtual equivalent of a prime time television advert. The value of judicious meta tagging could therefore be substantial. This paper examines the emerging meta tag/trade mark jurisprudence. It suggests that following the decision of Playboy Enterprises v. Welles (SD Cal. Filed 1 December 1999) a 'fair use' loophole may have emerged allowing competitors to legally exploit their competitor's trade name or mark when meta tagging their web site. This paper examines this potential loophole and evaluates whether the practice of competitive meta tagging may emerge.

Suggested Citation

Murray, Andrew D., The Use of Trade Marks as Meta Tags: Defining the Boundaries. International Journal of Law and Information Technology, Vol. 8, No. 3, Autumn 2000. Available at SSRN: https://ssrn.com/abstract=254115

Andrew D. Murray (Contact Author)

London School of Economics - Law Department ( email )

Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom
020 7849 4645 (Phone)
020 7955 7366 (Fax)

HOME PAGE: http://www.itlaw.org.uk/

Here is the Coronavirus
related research on SSRN

Paper statistics

Abstract Views
628
PlumX Metrics