USA
- Designer Skin v. S&L Vitamins: Keyword Metatags and Ads No Initial Interest Confusion
S & L Vitamins had used Designer Skin’s trademarks
in the metatags and source codes of its websites, and as search-engine keywords,
to inform internet consumers who are searching for Designer Skin’s products that
those products are for sale on S & L Vitamins’ websites. The United States
District Court held that there was no initial interest confusion. It stressed
the fact that S & L Vitamins’ use of Designer Skin’s trademarks accurately
described the contents of its websites:
"In contrast to the deceptive conduct that forms
the basis of a finding of initial interest confusion, S & L Vitamins uses
Designer Skin’s marks to truthfully inform internet searchers where they can
find Designer Skin’s products. Rather than deceive customers into visiting their
websites, this use truthfully informs customers of the contents of those sites.
Indeed, in practical effect S & L Vitamins invites Designer Skin’s customers to
purchase Designer Skin’s products. The fact that these customers will have the
opportunity to purchase competing products when they arrive at S & L Vitamins’
sites is irrelevant. The customers searching for Designer Skin’s products find
exactly what they are looking for when they arrive at these sites. S & L
Vitamins is not deceiving consumers in any way. Thus, its use of the marks does
not cause initial interest confusion."
