RE: UKNM: competitor using my company name in META tags

[Alex Chapman]

Neil and all


Below is an extract from our recent news letter (we are specialists in this

kind of area) and would be happy to give anyone on the list a free

consultation on this or similar issues:


Basically if you can show:


1. reputation in the words that is / are associated with you and damage

2. that the other party has used those words to appropriate or benefit from

your reputation

3. confusion or a likelihood of confusion

4. damage


Then you will have a decent claim.


FIRST UK DECISION ON META TAGGS


Road Tech Computer Systems Ltd v Mandata (Management & Data Services) Ltd

(2000) Ch.D (Bowman) Lawtel 22/6/00


The use of Roadtech's trade mark "Roadrunner" as a meta tag by Mandata

constituted trade mark infringement and passing off.


Road Tech, a road haulage software company, has successfully sued its rival

Mandata over their use of Road Tech's "Roadrunner" trade mark as a meta tag

on their web site.  Road Tech argued that Mandata were using the Roadrunner

trade mark as a meta tag to divert potential customers away from their own

web site.


Until now, the only guidance on the use of trade marks or brand names as

meta tags has come predominantly from the US who have largely decided cases

in favour of the trade mark and brand owner.


In this case the Court held that Mandata's use of Road Tech's trade mark

was a deliberate and unsophisticated appropriation of Road Tech's rights.

 Mandata's use of the trade mark as a meta tag amounted to trade mark

infringement and passing off. Mandata were ordered to pay ?15,000 by way of

damaged to Road Tech and an estimated ?80,000 in costs.


All the best


Alex



Alex Chapman

BRIFFA

Business Design Centre

Islington

London

N1 0QH


t: 020 7288 6003

f: 020 7288 6004

d: 020 7288 6076


e:

alexbriffa [dot] com

-----Original Message-----

From:	Neil Durrant [SMTP:

Neil [dot] Durrantbtinternet [dot] com

]

Sent:	16 November 2000 12:45

To:

uk-netmarketingchinwag [dot] com

Subject:	UKNM: competitor using my company name in META tags


Hi All,


Can anyone advise on this matter.


I have just found a site imitating one of my sites services, within their

meta tags they use my company/site name.


I understand that I may be able to threaten legal action but as the name is

not trademarked and could be construed as a common phrase (affiliate

announce) do I still have a legal standing?


Thanks

Neil Durrant


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