Comments on Using a Competitor's Trademark in Meta Tags
and Notes on In-Term Non-Compete Clause Issues
Perry McGuire
Taylor, Busch, Slipakoff & Duma, LLP
©2008
These comments are based on legal issues mentioned at the recent Southeast Franchise Forum meeting:
On the issue of competitors trademarks in meta tags, the courts seem to determine whether or not there is infringement based on how the trademark is used in the meta tag versus how it is used on your website. For instance, if you use your competitor’s trademark in your meta tag in a comparative manner, for instance, “Our brand is better than our competitor,” and then on your website, you have the same language with a comparison (survey, puffery, etc.), then you should be okay. However, just listing your competitor’s trademark in you meta tags in order to direct traffic to your sight would probably be an illegal use.
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On the issue of non-compete clauses in the recent Georgia Court of Appeals decision in Atlanta Bread Co. Int’l Inc. v. Lupton-Smith, the court did not say that all in-term non-compete clauses are un-enforceable, they just determined that in-term non-compete clauses (clauses which restrict a franchisee’s right to own a competing business while they are still your franchisee) must meet the narrow, strict requirements of post-term non-compete clauses, namely, they must be reasonable as to time, territory, and restricted activities. Of course, this applies only to contracts where Georgia law governs.
If you would like additional information regarding this topic, please contact: Perry McGuire at 770 434-6868 or pmcguire@taylor-busch.com. For more information on the Law Firm of see http://www.taylor-busch.com.
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