Internet Legal Issues: Metatags

Several years ago, metatags were not commonly understood by individuals who weren't programmers or website designers, but most people now know what metatags are.

Metatags are invisible tags inside HTML code that allow website owners or creators to input relevant search words or phrases so that search engines can identify the website as having relevant content to a searched word or phrase in the search engine. For example, a website that sells women's purses might have metatags that include the keywords "purses"; "Dolce & Gabana"; "handbags"; "pocketbooks"; "fashion" and "women's accessories". This will enable a search engine to pull up their site when an Internet user searches for purses or any of the other keywords.

You might think this seems like a rather benign practice, impossible to manipulate by Internet website designers, and in fact, you would be right in most cases. However, unscrupulous individuals have found ways to manipulate even the most mundane aspects of Internet marketing strategies, and metatags are no different.

Let's take the above example of a website that sells women's purses. I said that one of the metatag keywords might be "Dolce & Gabana", since a website that sells women's purses will probably sell Dolce & Gabana purses. But let's say that the website sells knock-offs of Dolce & Gabana, but is not a vendor for the company itself. The use of the keyword phrase "Dolce & Gababa" (or even "D&G") could have potential legal ramifications.

In order for businesses to effectively manage their products, many have taken to using the names of celebrities, the names of popular products, and the trademarks of those companies to market their own products without having any affiliation with the former. This poses a legal question: could they be held responsible for this?

Since metatags are invisible, this doesn't seem like it would be a big deal, but when you consider the thousands of dollars that high-end companies pay for top search engine rankings, metatags become something more. If you find a higher search engine placement by using the term "Dolce & Gabana" without selling D&G products, then you run the risk of claiming legal liability. If the proprietors of Dolce & Gabana were to discover that you were using their name to garner more sales, they could very easily take you to court.

When you are coming up with metatag keywords, be very careful to stay away from potential legal ramifications. Use words that are inherent to your products or services alone, and refrain from using trademarked or copyrighted names in your metatags. If you are ever in question, consult an attorney or an experienced website designer who might better be able to answer your questions.