Volume VI

Issue : 14: September 18, 2008

• Privacy Commissioner Issues PIPEDA Interpretations
• Metatags Hiding Competitors Mark To Boost Search Is Willful Violation Of Lanham Act
• European Court Allows Extradition of British Hacker to U.S.
• CIRA Panel Denies Request to Transfer Domain Name
• Defamation by Domain Name Misdirection
• Wisconsin City Sued for Removal of Web Links to its Website
• One in Five Bosses Screen Applicants Web Lives

Home > Volume VI > Issue 14: September 18, 2008 > Metatags Hiding Competitors Mark To Boost Search Is Willful Violation Of Lanham Act

Metatags Hiding Competitors Mark To Boost Search Is Willful Violation Of Lanham Act

The U.S. Court of Appeals for the First Circuit has affirmed that the invisible embedding of marks of Venture Tape Corporation in the McGills Glass Warehouse website was a willful infringement of the federal Lanham (Trademark) Act. McGills used Venture’s marks by inserting such marks into its website’s metatags and by displaying them in white lettering on a white background screen. This was done in order to divert people using Internet search engines to the McGills website.

As a remedy, the earlier district court‘s award of McGills’ net profits over the 3.5 year period of infringement was upheld. Also, due to McGills’ willful infringement, the “exceptional” award of reasonable attorney’s fees was also granted.

For a copy of the decision, visit:

http://www.ca1.uscourts.gov/pdf.opinions/07-1186-01A.pdf