Meta tags are hidden pieces of HTML code usually used on web site home pages to describe the contents of the site for the benefit of search engines. For example, among the meta tags on the home page of OUT-LAW.COM are the words “e-commerce law” and “intellectual property law”. The tags are only found by looking at the HTML source code of a web page. Meta tag abuse is where the words are used in bad faith to boost site traffic.
Road Tech Computer Systems Ltd., a supplier of computer software to the haulage industry, brought an action against a competitor, Mandata (Management and Data Services) Ltd. Mandata had used Road Tech’s registered trade marks within its meta tags, and had also included Road Tech’s trade marks in hidden text on the first page of its own web site.
Mandata removed the offending meta tags as soon as Road Tech took action. Despite this, Road Tech pressed ahead with the case, seeking the court’s judgment on trade mark infringement and what is known as “passing off”. In effect, a business can sue for “passing off” if another business misrepresents itself in a way that would lead people to think that the two businesses were the same or somehow connected.
Road Tech also sought damages for diversion of trade because, it argued, Mandata had tried to take commercial advantage of Road Tech’s successful web site. Mandata was found liable for trade mark infringement and passing off, with Road Tech winning damages of £15,000, although the court did not find any diversion of trade.
This is the first case of its kind to reach the UK High Court. It serves as a warning to any site that third party brand names and trade marks should not be used in a web site without permission.