I haven’t been able to get hold of an English translation of the case (XXII GWzt 8/09), but it looks like the never-ending story of metatag cases will go on…. I reckon Goldman will be delighted🙂 But well, looks like every Untited Something has got its own Utah.
Short Summary: The defendant used the CTM of the plaintiff in the “nonscript” meta tag of his website and the Polish Community Trade Mark Court found that the use of someone else’s trademark in website’s metatags infringes trade mark rights of such an entity and that it furthermore may be also deemed as an unfair competition delict.
I checked Wikipedia to see what a “nonscript” metatag is for but I’ve found nothing so far. It would be interesting to see what has caused the Court to decide that way. Maybe the court has been presented evidence that is new and reveals that Google has been lying about its ranking algorithm.
For more detail please check out the website of Tomasz Rychlicki or the Class46 blog (which recently moved to MARQUES and is now displayed in an interesting design) or my recent blog entry about Google clearly stating that using someone else’s TM as Metatag does not cause any difference in ranking…