Comments on: Metatags and Trademark Infringement http://iplj.net/blog/archives/32 Fordham Intellectual Property, Media & Entertainment Law Journal Blog Fri, 03 Feb 2012 01:53:08 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Tara Waters http://iplj.net/blog/archives/32/comment-page-1#comment-53 Tara Waters Mon, 03 Mar 2008 21:38:42 +0000 http://iplj.net/blog/2008/02/19/metatags-and-trademark-infringement/#comment-53 In the 2005 GEICO case, the District Court of Eastern Virginia ruled that Google's sale of trademarks as keywords was not illegal (obviously as it is still going on). GEICO had to prove the elements of trademark infringement, namely likelihood of confusion, to prevail. The court found that where the sponsored link ads actually used the GEICO trademark in the heading or text such that it was not possible to tell whether the links were to GEICO or another site, then there was a likelihood of confusion. But as a general matter, the selling of trademarks as keywords does not immediately raise a legal issue. Fortunately for most, Google has a complaint procedure. However, this requires mark owners to proactively enforce their rights and does not prevent anyone else from using the mark in the Adwords context. In the 2005 GEICO case, the District Court of Eastern Virginia ruled that Google’s sale of trademarks as keywords was not illegal (obviously as it is still going on). GEICO had to prove the elements of trademark infringement, namely likelihood of confusion, to prevail. The court found that where the sponsored link ads actually used the GEICO trademark in the heading or text such that it was not possible to tell whether the links were to GEICO or another site, then there was a likelihood of confusion. But as a general matter, the selling of trademarks as keywords does not immediately raise a legal issue.

Fortunately for most, Google has a complaint procedure. However, this requires mark owners to proactively enforce their rights and does not prevent anyone else from using the mark in the Adwords context.

]]> By: Ron Channon http://iplj.net/blog/archives/32/comment-page-1#comment-45 Ron Channon Tue, 26 Feb 2008 23:07:39 +0000 http://iplj.net/blog/2008/02/19/metatags-and-trademark-infringement/#comment-45 February 26th 2008. I am sole proprietor of Golfplan Insurance, Europes largest specialist golf insurer,based in Bristol UK,I also own the trademark 'Golfplan'. I recently filed a complaint with Google regarding two of my competitors, namely Golfcare and E&L Insurance who I believed were riding on the back of my trade mark by using it as metatags in there web site back pages. If one typed in the word golfplan or golf plan i.e with a space, both companies appeared as sponsored links imeadiately above our #1 page ranking. My complaint was dealt with very quickly by Google who took it upon themselves to remove my trade mark 'Golfplan' from both companies web sites within 21 days. I am apalled to read the above case ruling as I know for a fact the above situation has cost me X number of new policy business.What I dont know is how long it had been going on! I would welcome any comments re this situation and wonder just how much of it is going on un- noticed ? and how many others have suffered a similar experiance. The fact that Google dealt with it so fast, for which I am very grateful, makes me think it is a very active and possibly a potentialy legal problem!!! Ron Channon Managing Director Golfplan Insurance Contact:rc@golfplan.co.uk February 26th 2008.

I am sole proprietor of Golfplan Insurance, Europes largest specialist golf insurer,based in Bristol UK,I also own the trademark ‘Golfplan’.
I recently filed a complaint with Google regarding two of my competitors, namely Golfcare and E&L Insurance who I believed were riding on the back of my trade mark by using it as metatags in there web site back pages. If one typed in the word golfplan or golf plan i.e with a space, both companies appeared as sponsored links imeadiately above our #1 page ranking. My complaint was dealt with very quickly by Google who took it upon themselves to remove my trade mark ‘Golfplan’ from both companies web sites within 21 days. I am apalled to read the above case ruling as I know for a fact the above situation has cost me X number of new policy business.What I dont know is how long it had been going on!
I would welcome any comments re this situation and wonder just how much of it is going on un- noticed ? and how many others have suffered a similar experiance.
The fact that Google dealt with it so fast, for which I am very grateful, makes me think it is a very active and possibly a potentialy legal problem!!!

Ron Channon
Managing Director
Golfplan Insurance

Contact:rc@golfplan.co.uk

]]>