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ARTICLE · 21 SEPTEMBER 2017

Meta-tags and trade mark infringement

Madderns
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The use of meta-tags may constitute trade mark infringement, as the source data is visible if you know what to look for.

AustraliaIntellectual Property
Louise Emmett
Louise Emmett
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Many businesses use search engine optimization tools to improve the ranking of their website in search results. These tools can include incorporating meta-tags (or website keywords) in the source data for the website. Search engines (such as Google) use meta-tags to identify which search results to display when a user conducts a search.

The Full Federal Court has recently confirmed that the use of a meta-tag may constitute trade mark infringement as, although meta-tags are not actually displayed on a website, the source data of a website is visible to those who know what to look for.

The case of Accor Australia & New Zealand Hospitality Pty Ltd v Liv Pty Ltd [2017] FCAFC 56 involved a property development in Cairns called "Harbour Lights". Apartment owners in the "Harbour Lights" complex who wish to let their apartments are free to choose Accor or another letting agent to manage this for them, or they can arrange the letting themselves. Only Accor, however, is able

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