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?
4 Answers from Attorneys
Re: Use of celebrity names in meta-tags
Send me the URL to look at.
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.
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.
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.