Use of Trademarks Within Keywords and Metatags: An Emerging Area of the Law

Can competitors use your trademark as a keyword or metatag? Is there a difference between a trademark as a keyword and simply using trademark of a competitor in a metatag to divert searchers to your site? These are million dollar questions in internet these days, and trademark holders are looking for answers. A recent filing by Hearts on Fire contends that keywords for the purposes of directing consumers to a competitor’s website is trademark infringement. H

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