Using Meta Tags to Divert Web Surfers

Some websites use meta tags in a deceptive manner to lure Web surfers. Instead of using terms that properly describe the site, some programmers substitute the names of competing companies. For example, a rival shoe manufacturer may bury the meta tag "Nike" in its Web page to lure Web surfers searching for Nike products. In the case of the website selling handmade watches, the meta tag might include "Rolex, Swatch, Bulova, Cartier."

This kind of deceptive use of another company's trademark in a meta tag is a form of trademark infringement when it confuses consumers. One judge described the practice as similar to a shop owner posting a sign with another company's trademark in front of its shop. (Brookfield Communications v. West Coast Entertainment, 174 F.3d 1036 (9th Cir. 1999).)

Stopping the Use of Infringing Meta Tags

To curb this type of trademark infringement, the trademark owner must first request that the offending website stop the deceptive use. If the use continues and the two companies cannot reach an agreement, the trademark owner may file a lawsuit in federal district court. If the trademark owner prevails, the court may order the offending website to pay money damages and, in some cases, the trademark owner's attorney fees as well. In egregious cases of intentional deception, the monetary award may amount to several hundred thousand dollars.