[LINK] lawyers ban metadata
Wed, 29 Nov 2000 16:17:40 +1000
On Wed, 29 Nov 2000 11:58:22 +1100 Karin Geiselhart
>There was a case of a former Playboy bunny using their name in her site's
>metadata, and she won.
Case: Playboy Enterprises Inc. v. Welles
'In December 1999, the district court granted summary judgment for
Welles, finding that she had made both descriptive and nominative fair uses
of PEI's marks (1) in the title or masthead of her website; (2) as a
repetitive watermark on the background of her site; (3) in advertising
banners on her site; and (4) in the HTML source code and metatags of her
site to fairly describe the products being sold at the site.
As to use of the marks as metatags, the court noted that Internet
users do not necessarily intend to reach the official Playboy website when
entering the terms "Playboy" or "Playmate" in a web search, and may merely
be searching for the website of a former "Playboy Playmate of the Year"
whose name they cannot recall.'