September 2008

No ‘Initial Interest’ Confusion When Consumers Can Buy Trademark Holder's Genuine Goods

By
Judith L. Grubner and Ivan T. Kirchev

A metatag is a coding statement for a Web site in the Hypertext Markup Language that describes the site’s content. The information provided in metatags can be used by search engines to determine Web page relevancy and to influence search results. In a surprising development, the U.S. District Court for the Eastern District of Wisconsin has determined that the use of metatags in Web site code does not create initial interest confusion, because current search engines no longer use metatags to determine the relative relevance of a Web site, preferring instead to use algorithms that rank the Web sites by the number of other sites that link or point to them.

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