Today’s real estate industry relies heavily on the use of websites displaying photographs of properties for sale to entice buyers. Many of the photographs on these sites are taken by professional photographers who license the use of their photos and retain the copyrights to them. In Stevens v. CoreLogic, Inc. (decided June 20, 2018),
Metatags and Hidden Text – Hidden Trademark Infringement
Trademark infringement is generally the improper use of a competitor’s trademark that results in the customer buying one product thinking it is another. The classic example is when the new competitor adopts the name of the established competitor, or varies the name ever so slightly. Company A calls its new product “TheUltraWidget” to trade on the goodwill Company B has built in its best-selling “UltraWidget.”
These cases are pretty simple. If the consumer is likely to be confused by Company A’s use of Company B’s trademark, and Company B is harmed by (or Company A profits from) that use, there is actionable trademark infringement. As long as Company B can establish the elements of the claim, it is entitled to injunctive relief and monetary damages.
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