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NONE: ONLINE-ADS>> Trademarks in meta keywords

ONLINE-ADS>> Trademarks in meta keywords

Mark Pruner (markatty_at_ix.netcom.com)
Tue, 16 Sep 1997 01:26:54 -0700

The Wall Street Journal ran an article on 9/15 about several cases
involving the use of trademarks in the meta tag keyword section. I
worked with Joshua Paul, a partner at Cowan, Liebowitz & Latham in NYC,
on the Insituform vs. National Envirotech case discussed in the
article. In that case NE had put the trademarks Insituform and
Insitupipe in the keyword section of their website.

While the case was settled, part of the settlement was a permanent
injunction signed by federal Judge Porteous in New Orleans prohibiting
the use of Insituform's trademarks in the keyword section. I think,
even had the case been fully litigated, it is very likely the judge
would have ruled the same way that the agreed.

Anyone who is using other parties trademarks in their keyword sections
should seriously consider removing these trademarks. For the owners of
trademarks, this decision and a similar decision involving Playboy,
means that getting competitors to remove your trademarks from their
websites should be easier, so you should consider checking whether other
are abusing your trademark.

Cowan Liebowitz will soon be posting a copy of the injunction on their
website at http://www.cll.com

Mark

_____________________________________________________________

Mark Pruner Website-based Marketing
President for Professionals

Web Counsel, LLC
108 Corporate Park Dr. http://www.webcounsel.com
White Plains, NY 10604 (914) 251-9300
mark_at_webcounsel.com (914) 251-1273 (fax)
______________________________________________________________

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