Legal Question in Technology Law in Massachusetts

Use of celebrity names in meta-tags

Is there any recourse when a celebrity name is used without permission on a website in meta-tags or in webpage advertisements?


Asked on 6/29/99, 2:09 pm

4 Answers from Attorneys

Re: Use of celebrity names in meta-tags

Send me the URL to look at.

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Answered on 8/01/99, 1:24 pm
Bruce Burdick Burdick Law Firm

Re: Use of celebrity names in meta-tags

Yes, there often is, but it is tricky legally. You need a trademark lawyer versed in internet trademark law to view the specifics.

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Answered on 7/08/99, 2:59 pm
Timothy J. Walton Internet Attorney

Re: Use of celebrity names in meta-tags

Rather than try to establish that the celebrity's name constitutes a mark with secondary meaning within the jurisdiction, I would research whether the jurisdiction has law regarding the "right to publicity." In both cases, the plaintiff could run into the defense of "fair use," particularly if the celebrity is a newsworthy public figure.

You should seek competent counsel in your area if you wish to preserve your rights in this regard.

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Answered on 7/08/99, 4:16 pm

Re: Use of celebrity names in meta-tags

I wouldn't pay that much attention to the responses you got from lawyers in other states where they are talking about federal law.

Yes, under Massachusetts law, the unauthorized use of a celebrity's name for commercial use is illegal.

Please contact me directly if you'd like to give me some specifics. You may call my office at (617) 527-0050 or else write to me at [email protected] with all the facts you have.

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Answered on 7/14/99, 11:42 am


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