First High Court decision on meta-tags

Nicholson Graham & Jones and Eversheds advised on the first High Court decision on meta-tags, used by search engines to describe the content of a Web site.Nicholsons' client, Road Tech Computer Systems, was awarded 15,000 damages and costs for trade mark infringement and passing off, as the 'meta-tags' were being used to divert business from its Web site.

Mandata, advised by the Leeds office of Eversheds, was ordered to pay an estimated 80,000 in costs and undertook not to continue diverting business shortly after the 15 May hearing.

Nicholsons' partner Dominic Bray said he had already received a number of calls from law firms asking for a copy of the judgment, but that the written judgment has yet to be approved, and would be unreported.

This is the first decision on the application of trade mark law to meta-tags in the UK and Europe.

Mr Bray said IP lawyers have keenly awaited the decision: 'It gives people guidance as to how the courts are going to view this sort of activity.'

Anne Mizzi