Once again, I want to stress that I am NOT and attorney, and I am NOT giving legal advice. Take this information and do as YOU see fit. (this legal disclaimer is a pain in the butt, but I don't want trouble by trying to help you).
I found several cases on line regarding Trademarks and Meta Tags. Just go and Google those two terms, you will be able to find information.
DO NOT use trademarks (for example, company names and brand names) in a link, or in keywords. This will VERY likely be construed as a TM violation. If you use the TM in a non link description, you might be ok. It is the META TAG that is the problem
I have also read that owners of TM's are highly encouraged to seek out use of their TM's in meta tags (links and keywords typically...) and pursue violations...if they don't and let too many slip by, the courts will consider that they have abandoned their mark.
If you sell your wares on a site that has you enter keywords, or if you use key words in your blog, be aware of this.
So....off I go to make sure that I have not used a certain Austrian Crystal mfg and cylinder bead name in my keyword descriptions on the hand made site where I sell my goods....
Hi Sig,
ReplyDeleteThanks for the information. I have always used the name of the crystals I use in my tags at my Etsy shop, but I have now removed them. Weird, huh. You would think that the company would be happy to see so many people use their product and brag about it, but I guess they are worried that the name of the crystal will become a generic term the way "aspirin" did. I had a student once who got a job as an "external investigator" for a certain cola company. They paid him to go into restaurants and order that brand. If the waiter didn't say, "Is the other brand okay?" He would report it as trademark infringement.
Well, I'm beginning to wonder if Etsy is worth continuing anyway. I have only sold a handful of stuff, and most of it to friends who live in other cities. I just don't have the time to put into it. My day job gets in the way, and when I do have a day off, I like to bead. :) I do much, much better with the items I have in a local spa and when I go to a small arts fest.
Thanks again, Sig. Happy beading! Paula
Hi Paula,
ReplyDeleteI guess the TM holders fear that by having their marks in links is that it will drive traffic to the wrong places (not them), and that we will give the appearance that we are affiliated with them. So when someone does a search for XYZ Corp, and they get a lot of non XYZ Corp links, it upsets them.
Language stating an "Swarov***crystal bracelet" Is a LOT different than saying "a bracelet containing "Swarov*** crystals".
To some degree I can understand it, but in my case with that Parisian windmill, I think it was overboad