The use of a trademark in computer code words, called “metatags,” by a competitor to boost its position in Internet searches infringes under the Lanham Trademark Act, according to the 11th U.S. Circuit Court of Appeals.

But the decision, which conflicts with a 2d Circuit holding, has touched off criticism that the 11th Circuit panel and federal courts generally don’t understand the uses of metatags, and that this has resulted in rulings that muddle infringement law. North American Medical Corp. v. Axiom Worldwide Inc., 522 F.3d 1211 (2008).

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]