RE: UKNM: competitor using my company name in META tags

[Alex Chapman]

Please be careful with bluffing.


Section 21 of the Trade Marks Act and common law on Trade Libel and

malicious falsehood means that if you are not on solid ground you can be

sued for making threats.


As I mentioned before there are things that can be done in these

circumstances.


Paul is right that it helps to have a "registered trade mark" - though

there may be circumstances where it may not be necessary.


Also the FT report on this issue is spot on in that the use of the brand

names of toys can amount to trade mark infringement.


It is also worth mentioning that the "Child Online Protection Act" (which

is a piece of US legislation) states that "whoever knowingly .. makes

available material that is harmful to minors (under 17 years) may be fined

$50,000 or imprisoned for up to 6 months or both.


If it is done deliberately the fine is $50,000 per violation per day. There

are exceptions and defences such as using a digital certificate that

verifies age.


However inclusion in META data would not be exempted.


All the best


Alex


Alex Chapman

BRIFFA

Business Design Centre

Islington

London

N1 0QH


t: 020 7288 6003

f: 020 7288 6004

d: 020 7288 6076


e:

alexbriffa [dot] com

-----Original Message-----

From:	Zing!n Media [SMTP:

mailzingin [dot] com

]

Sent:	20 November 2000 13:35

To:

uk-netmarketingchinwag [dot] com

Subject:	Re: UKNM: competitor using my company name in META tags


I`m still no expert but AFAIK you still have a case if you can show that

they are using the keywords inappropriately. Basically, I imagine you'll

need to show that your site's name is recognised as a provider of a

particular type of service and that they are trying to influence search

results in order to pass themselves off as you (or at least steal some of

your traffic).


You would probably be in a stronger position if you were trademarked but I

don`t think it's essential for this type of case.


Having said that, it's probably worth emailing the webmaster asking

(firmly)

for your name to be removed from their META tags. In my experience bluffing

can work wonders.


Paul


==


Paul Carr

Managing Editor


Zingin.com - The UK's finest internet guide.

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----- Original Message -----

From: Neil Durrant <

Neil [dot] Durrantbtinternet [dot] com

>

To: <

uk-netmarketingchinwag [dot] com

>

Sent: Thursday, November 16, 2000 12:45 PM

Subject: UKNM: competitor using my company name in META tags



> Hi All,

>

> Can anyone advise on this matter.

>

> I have just found a site imitating one of my sites services, within their

> meta tags they use my company/site name.

>

> I understand that I may be able to threaten legal action but as the name

is

> not trademarked and could be construed as a common phrase (affiliate

> announce) do I still have a legal standing?

>

> Thanks

> Neil Durrant

>

> -----------------------------------------------------------------

> www.affiliate-announce.com - Affiliate directory submission service

> www.affiliatemarketing.co.uk - Program managers resource center



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