Trademarked Word Usage In Metas

[Lee_Owen]

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I'm not sure I'm understanding this correctly, very strange if true. Could we see a whole new form of written and spoken English in future, where if one was to use a trademarked word we could be sued and have our lips sewn shut in seconds?

From sedo newsletter:

Buying Search Keywords and Metatags based on a Competitor's Trademark Is a “Use in Commerce”

Within the first week of 2007, a Pennsylvania court held that the purchase of a keyword that contained the trademark of a competitor and subsequent use of that keyword as part of a “metatag” is an actionable "use in commerce" of that trademark. The plaintiff, J.G. Wentworth sued Settlement Funding LLC, the defendant, under the Lanham Act, alleging both trademark infringement and dilution.

In its complaint, the plaintiff stated that the defendant impermissibly used its marks with the purpose of leading Internet users to the defendant's web site. The court relied on a prior case, stating that the "…defendant's participation in Google's AdWords program and the defendant's incorporation of the plaintiff's marks in its keyword metatags constitutes trademark use under the Lanham Act.”

The court further held that using a competitor's trademark to trigger advertisements for monetary gain and using trademarks in connection with the sale or advertising of goods and services is an infringing use in commerce under the Lanham Act. Lastly, the court stated, "By establishing an opportunity to reach consumers via alleged purchase and/or use of a protected trademark, the defendant crossed the line from internal use to use in commerce under the Lanham Act.”

Currently, United States courts are split on the topic of whether the use of trademarks in keyword advertising is in fact trademark infringement and/or trademark dilution. Regardless of the split, such cases are setting forth a foundation in the development of trademark law in an Internet context.

[Lee_Owen]

"I bought a new car at the weekend"

"oh yes, what was it?

"An F?"

"Oh An f, they're very good."

"What kind of F?"

"Oh a something between a 2.1 and a 2.4, very nice"

[Mogga]

I'm not sure I'm understanding this correctly, very strange if true. Could we see a whole new form of written and spoken English in future, where if one was to use a trademarked word we could be sued and have our lips sewn shut in seconds?

From sedo newsletter:

You don't think GB would just tax it?

I've heard rumours that VAT is going to be increased to bring it inline with other EU countries.