Meta tags are hidden pieces of HTML code usually used on web
site home pages to describe the contents of the site for the
benefit of search engines. For example, among the meta tags on the
home page of OUT-LAW.COM are the words “e-commerce law” and
“intellectual property law”. The tags are only found by looking at
the HTML source code of a web page. Meta tag abuse is where the
words are used in bad faith to boost site traffic.
Road Tech Computer Systems Ltd., a supplier of computer software
to the haulage industry, brought an action against a competitor,
Mandata (Management and Data Services) Ltd. Mandata had used Road
Tech’s registered trade marks within its meta tags, and had also
included Road Tech’s trade marks in hidden text on the first page
of its own web site.
Mandata removed the offending meta tags as soon as Road Tech
took action. Despite this, Road Tech pressed ahead with the case,
seeking the court’s judgment on trade mark infringement and what is
known as “passing off”. In effect, a business can sue for “passing
off” if another business misrepresents itself in a way that would
lead people to think that the two businesses were the same or
somehow connected.
Road Tech also sought damages for diversion of trade because, it
argued, Mandata had tried to take commercial advantage of Road
Tech’s successful web site. Mandata was found liable for trade mark
infringement and passing off, with Road Tech winning damages of
£15,000, although the court did not find any diversion of
trade.
This is the first case of its kind to reach the UK High Court.
It serves as a warning to any site that third party brand names and
trade marks should not be used in a web site without
permission.
