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ARTICLE · 06 MAY 2004

Meta tags, Banner Adverts and Trade Mark Use

On 3rd March 2004, the Court of Appeal considered the question of whether the use of trade marks in meta tags and banner advertisements on websites constitutes trade mark infringement, as part of an appeal from a High Court decision of Mr Justice Pumfrey.

United KingdomMedia, Telecoms, IT, Entertainment
Lindsey Wrenn
Lindsey Wrenn
Lee Curtis
Lee Curtis
Originally published April 2004

On 3rd March 2004, the Court of Appeal considered the question of whether the use of trade marks in meta tags and banner advertisements on websites constitutes trade mark infringement, as part of an appeal from a High Court decision of Mr Justice Pumfrey.

The appellants were Reed Business Information Limited, Reed Elsevier (UK) Limited and totaljobs.com Limited (RBI). RBI is a leading publisher and in 1999 developed the totaljobs.com website to exploit the job advertisement market.

Until June 2000, two logos appeared on totaljobs.com incorporating the words Reed Elsevier and Reed Business Information. However, after June 2000, the only visible reference to either Reed Elsevier or Reed Information on the site was the use of a copyright notice ‘© [year] Reed Business Information Ltd’ at the bottom of web pages on the site.

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