U.S. Appeals Court Limits Earlier Prohibition On Trade-marks in Metatags

A recent order from the 7th Circuit U.S. Court of Appeals clarifies that court's earlier opinion in Promatek v. Equitrak (see E-tips article, August 15, 2002), by limiting, in two ways, the prohibition on one party's use of another's trademark in its HTML metatags. The first amendment contained in the order prohibits the use of another's trademark in metatags in a way "calculated to deceive consumers into thinking that" the user is the mark holder. The second amendment contained in the order is an acknowledgment that trademarks may only appear in metatags "where a legitimate use of the trademark is being made." For our summary of the initial opinion, visit http://dww.local/newsletter/aug15_02.htm#US For the Oct. 18, 2002 order in Promatek Industries v. Equitrak Corp, visit http://makeashorterlink.com/?R10326932 For the August 13, 2002 opinion in Promatek Industries v. Equitrak Corp, visit http://makeashorterlink.com/?D63312932