No Copyright or Trademark Protection for Metatags and Keywords

No Copyright or Trademark Protection for Metatags and Keywords

November 2015

A travel agency that copied the metatags from several pages of a competitor’s website did not infringe on the competitor’s copyright or trademarks, according to a recent decision of the Federal Court of Canada.  The metatags were mostly derived from Google keywords that are commonly used in the travel industry.  However, the court did say that, in some cases, originally-worded metatags may have copyright protection.  In another case, the BC Supreme Court ruled that using a competitor’s business name or trademarks for keyword advertising is not trademark infringement.  This case is under appeal, although it is the second Canadian decision that found this practice to be fair use.