An excellent court decision crossed my desk at Traverse Internet Law about the August 28, 2008 First Circuit Court of Appeals opinion confirming a judgment for over $400,000 against a small business for Trademark Infringement. The defendant used a competitor’s name in its “metatags”, and in the content of the site in white lettering with a white background, obviously for SEO purposes. Both the US District Court that awarded the judgment and the First Circuit agreed that both uses infringed on the plaintiff’s trademarks and confirmed the judgment.
Dozens of these types of cases are pending across the country. The primary issue is whether the use of a business name either directly or indirectly by a competitor is trademark infringement. Six cases were filed last month over this issue. At Traverse Internet Law we deal with this issue often, and it is garnering the attention of businesses, lawyers and the Courts in a big way.