Meta tags contain keywords that impact the frequency in which a search engine will display a website as a hit. These “tags,” as they are called, are simply HTML code that has been embedded within a website. This code allows the creator of the site to easily identify the material within it and it is an extremely important feature of the web. As a business owner, your website will be a major source of publicity for your company, but did you know there can be a plethora of issues with using trademarks as meta tag keywords? Read the following article to learn more about these issues and how they can affect your company’s website.
What Is a Meta Tag?
Meta tags help internet searchers find websites when they enter specific words (keywords) into search engines. The more effective these tags and keywords are, the higher the site will rank in the search results. Using another company’s trademark as a keyword in your own meta tag can be risky, and there have been cases of companies using their competitors’ trademarks in order to draw traffic away from their competitors’ sites. Such practices have frequently resulted in lawsuits since it is illegal to use a trademark without the permission of the company or creator. If you attempt to engage in this practice, you may be subject to a major lawsuit.
As trademark issues become more and more common, there have been many cases of business sites using them as meta tag keywords to confuse internet search engines. Websites achieve this by improperly using meta tags that do not describe their own website, but using them instead to draw customers away from competitors. For example, a website that sells cheap appliances may use words such as “Cuisinart” or “Kitchenaid” in their tag in order to divert attention away from the websites of authorized retailers. If you do this, you may be found guilty of trademark infringement.
Using Trademarks as Meta Tag Keywords
After reading the information above, it may seem that using trademarks in meta tags will always be seen as illegal, but there are some cases where it is acceptable to do so. If the trademark incidentally describes a good or service that a company provides, or describes a geographic location, it is usually not illegal to use that trademark. For instance, if a company name contains the word “California,” but a company that produces tomatoes in California decides to incorporate the word in their meta tag, their right to do so will be covered under “fair use” laws.
Trademark usage is usually covered under “fair use” laws if the following occurs:
- The product or service cannot be identified without using the trademark (it describes a place, person, or product).
- A portion of the trademark is necessary for identification.
- The user of the trademark does not suggest endorsement or sponsorship of the original trademark holder.
It is important to note that simply meeting the criteria above does not mean you are covered by “fair use” laws.
When building your website, there are ways to avoid violating trademark laws. Some of these practices include:
- If you are ever in doubt as to whether or not to use a trademark in your tag, it is best to avoid using it at all.
- Never include trademarks unless you have received written permission from the trademark holder.
- Never use a trademark in your meta tag with the intention of confusing search engines or drawing customers away from the competition.
Avoid Lawsuits
In short, using trademarks as keywords is a risky business. If you are building a site for your business, it is best to avoid this practice altogether, unless you have explicit permission. By keeping this in mind, you can avoid the legal issues associated with trademarks and meta tags.
Legal Disclaimer
The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.