Trademarks: HIDDEN USE OF TRADEMARKS ON WEB SITE MAY INFRINGE
BNA Patent, Trademark & Copyright Law Daily, Sept. 24, 1997
WASHINGTON (BNA) -- Invisible references to 'Playboy' and 'Playboy
Magazine,' imbedded in an 'adult' web site, can be preliminarily enjoined as
a possible trademark infringement, the U.S. District Court for the Northern
District of California held Sept. 8. (Playboy Enterprises Inc. v. Calvin
Designer Label, DC NCalif, No. C 97-3204, 9/8/97)
Plaintiff Playboy Enterprises Inc. (PBI) sued Calvin Designer Label (CDL)
for trademark infringement and other claims. At issue was: (1) CDL's use of
the domain names 'playboyxxx.com' and 'playmatelive.com'; and (2) CDL's use
of the Playboy marks imbedded in machine-readable code in its web site. The
latter use in hidden 'metatags' are invisible to the web site customer, but
are read by Internet search engines in generating results to a search
request. Thus, the Playboy marks attract customers to CDL's 'adult' web site.
Judge Charles Legge, finding that PBI is likely to succeed on the merits
of its infringement claim, granted PBI's preliminary injunction motion. He
pointed both to CDL's use of the Playboy marks in its domain name and to its
'repeated use of the PLAYBOY trademark in machine readable code in
Defendants' Internet Web pages so that the PLAYBOY trademark is accessible to
individuals or Internet search engines which attempt to access Plaintiff
under Playboy's registered trademark.'
Among other things, the court's injunction bars CDL from using the Playboy
marks 'as Defendants' domain name, directory name, or other such computer
address, as the name of Defendants' Web site service, in buried code or
metatags on their home page or Web page, or in connection with the retrieval
of data or information or on other goods or services.'