Ultimately, the search engine attempts to match the search term with web sites containing the same terms in their metatags. So if a competitor is using your trademark in its metatags, consumers looking for your web site may be directed to the competitor s web site. One court that recently examined this practice concluded that the use of another s trademarks in web site metatags is actionable under the Lanham Act. 1115 et seq. The Lanham Act provides federal protection from trademark infringement and unfair competition.
Protection extends both to registered and unregistered marks.
Under the Lanham Act, a successful plaintiff can receive injunctive relief and damages - including the defendant s profits from the infringement. To summarize, if a competitor is using your trademark in its metatags, the Lanham Act may provide a cause of action to force your competitor to stop. Since the Lanham Act can be employed quickly to enjoin infringing activity, it may provide effective protection against metatag trademark infringement. Of course, each case must be evaluated on its particular facts, and other courts may address this issue differently than the Ninth Circuit did. However, as the Brookfield decision demonstrates, the Ninth Circuit is willing to apply the Lanham Act to prevent trademark infringement on the Internet.