Published On: 15th July 2025
Authored By: Abhinav Mukherjee
What is Meta Tagging?
“Web” contains a wealth of information on various sites, each dealing with a particular subject. Each site can be accessed in several different ways. A user wishing to access a site has to enter its domain name in the web browser’s address window. The user’s computer would find the particular website to be accessed by the user. But where a user does not know the domain name of the site that he is looking for, the alternative available to him is to use commercial search engines. The user has to type key keyword based on a trademark or trade name, or other guessable words in the window of the search engine window. Every search engine has a programme called “spiders’ and “crawlers” that collect website addresses and index them by analysing the displayed text, titles, and addresses so that search engines can associate a user’s keyword with the indexed websites. When a search is conducted, a list of related “hits” or websites with the corresponding hyperlinks is returned in a decreasing order of relevance. However, if a keyword search term is found in a website’s metatags, that site will usually be rated as more relevant and the page will be listed high on the search results.
Meta Tag as an Invisible Trademark
It’s quite similar to the trademark represents a brands identity in the real world, meta tags acts as the digital signatures for the websites. When search engine crawls a web page, they take notes of these meta tags to understand exactly what the site is all about.
If or when used accurately, websites enhance their visibility in search engines, but using them improperly can lead to trouble. If a website uses another company’s trademark in a meta tag without permission will lead to legal issues.
What is a Trademark and Trademark Infringement?
According to Section 2(zb) of the Trademark Act, a trademark refers to a mark that is capable of being represented graphically and capable of distinguishing the goods or services of one person from those of others. This may include the shape of goods, packaging, and combinations of colors.
Section 29 of the Act defines trademark infringement. Trademark infringement constitutes a violation of the exclusive rights granted to the owner of a registered trademark without the owner’s consent or that of a licensee acting within the authorized scope. Infringement occurs when a third party, referred to as the “infringer,” uses a trademark that is identical or confusingly similar to a registered mark, particularly concerning goods or services that are also similar.
The core principle bhind trademark infringement is that the unauthorized use of a similar design, logo, or name creates confusion among consumers, undermining the registered proprietor’s exclusive rights. One such form of infringement includes the unauthorized use of trademarks in meta tags, a concept that was first recognized legally during the 1990s in countries like the United Kingdom and France.
In The United Kingdom
In the 1996 case of Road Tech Computer Systems Ltd. v. Mandata (Management and Data Services) Ltd.[1], the defendant used the claimant’s trademark “Road Runner” in their website’s meta tags. The court held that this constituted trademark infringement.
However, in Reed Executive Plc. v. Reed Business Information Ltd.[2], the appellate court reversed an earlier decision. The court concluded that the claimant failed to prove that the misuse of meta tags caused consumer confusion. Furthermore, the “own name” defense was upheld, as the use of the name in the meta tag did not suggest a connection with another trader, and the invisible use did not amount to infringement under U.K. law.
In France
In a significant decision by the Paris Court of First Instance, the unauthorized use of the trademark “Odin” by a competitor in their website’s metadata was deemed to constitute infringement. The court held that such use harmed the registered owner’s rights, both financially and reputationally, as searches for the term “Odin” would redirect users to the infringer’s website.
Talking About the Current Legal Position in India
In MakeMyTrip India Pvt. Ltd. v. Booking.com[3], a single judge’s order was set aside by the Delhi High Court’s Division Bench. The bench referred to the case of Google India Pvt. Ltd. v. DRS Logistics Pvt. Ltd., in which it was held that the mere use of trademarks in online advertisements does not constitute infringement under Section 29(1) of the Trademark Act. The use must be connected to the infringer’s own goods or services. As such, Section 29(4) did not apply.
In Nike, Inc. v. Orbit Exports Pvt. Ltd.[4], the court granted an injunction restraining Orbit Exports from using the famous slogan “Just Do It” in their marketing materials and products. This case underscores the importance of respecting well-known trademarks and adhering to intellectual property laws.
In Mattel Inc. & Others v. Jayant Agarwalla & Others[5], the court laid down factors to determine whether general terms used as trademarks could be considered source-specific. The court examined elements such as the nature of the product, similarity to the registered mark, and the duration of use. While the term “SCRABBLE” was found not to be inherently descriptive of a word game like “MONOPOLY” or “CROSSWORD,” it had acquired distinctiveness over time. Consequently, the defendants were restrained from using the trademark.
However, the court rejected the plaintiff’s claim of copyright over the rules of the game, stating that rules are functional expressions not eligible for copyright protection. Additionally, the reproduction of the game board and letter tiles was found to lack registration under either the Designs Act, 1911, or the Designs Act, 2000, thus weakening the copyright claim.
CONCLUSION
This article discusses the concept of meta tagging, a method involving the inclusion of invisible metadata in a website’s code to enhance its visibility on search engines. Similar to how trademarks establish brand identity in the physical world, meta tags serve as digital identifiers for websites. Search engines evaluate these tags to understand the content and relevance of the site.
While meta tagging can significantly improve a website’s search engine performance when used appropriately, misuse—such as incorporating another company’s trademark without consent—can lead to legal complications. The article explores the legal framework governing trademarks and trademark infringement, which occurs when a mark identical or similar to a registered one is used without authorization, creating consumer confusion.
The misuse of trademarks in meta tags was first legally acknowledged in the 1990s in countries like the United Kingdom and France. Key cases such as Road Tech v. Mandata and Reed Executive v. Business Information in the U.K., and the decision of the Paris Court in France, illustrate judicial approaches to meta tag infringement.
The Indian legal stance is also evolving. Cases like MakeMyTrip v. Booking.com, Nike v. Orbit Exports, and Mattel v. Jayant Agarwalla demonstrate the Indian judiciary’s consideration of trademark infringement in the context of online and digital use.
Overall, this article provides a comprehensive overview of how meta tagging intersects with trademark law and highlights the importance of legal compliance in the digital space.
References:-
- Intellectual Property Laws Bare Act
- Law of Trade Marks and Passing Off by P. Narayana
- Cyber Law by Dr. Farooq Ahmad
- https://www.scconline.com/
- Wikipedia
- Other Articles and Magazines
[1] [1996] F.S.R. 805
[2] [2004] CLR 29
[3] HC 2153/2016
[4] Delhi HC, 2018
[5] Delhi HC 2352/2008
