Domain names and links may include trade marks or may even themselves be protected as registered or unregistered trade marks1. In addition, registered or unregistered trade marks may be contained in the ‘metatags’ relating to a website. Metatags are the words and phrases contained in the HTML script for a website that many search engines use to index sites so as to respond to search requests from Internet users. Hence the inclusion of the name ‘Butterworths’ in the metatags for a website will assist in enabling Internet users who search for the term ‘Butterworths’ to find the LexisNexis website.
By including a trade mark in a link, domain name or metatag (or for that matter within the content of a website) without the permission of the trade mark owner, it is possible that trade mark infringement will occur. A decision regarding infringement is likely to turn on the question of whether
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