Comparative Advertising On The Internet: Defining The Boundaries Of Trademark Fair Use For Internet Metatags And Trigger Ads
- Topics:
- Incorporation
- Tags:
- Advertisement,
- Internet,
- Metatag
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Overview: This article examines the implications of the use of a competitor’s trademark as a website metatag or trigger advertisement. It discusses the technological background of metatags and will examine the various contexts in which metatags and trigger ads have been used. It discusses the relationship between trademark law and metatags and will examine the ways in which courts have treated metatag and trigger ad cases, particularly in the application of the fair use defense. It draws a particularly legal distinction between which uses of a competitor’s trademark, as a metatag or trigger ad should be infringement and which uses of a competitor’s trademark as a metatag or trigger ad should be fair use. It also attempts to reconcile the inconsistency among various courts5 and will argue that the use of a competitor’s trademark as a metatag or trigger ad should not be fair use where the defendant’s intent is to usurp the plaintiff’s goodwill or to deceive consumers as to source or sponsorship.
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Format: PDF | Size: 361KB | Date: Oct 2001 | Pages: 28
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