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).
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