Legal Question in Intellectual Property in North Carolina
Internet Keywords/Competitive Website
I own a small private massage therapy practice in Cary, NC. I have a competitor who owns a day spa near me. There are over 1,000 massage therapists/private practices/spas in this immediate area. The competitor's business is named ''Cary Massage Therapy Center, Inc.'' My business name is --name removed--Massage Therapy.'' Yesterday, she contacted me and told me that I cannot use the words ''cary massage therapy'' as Internet marketing search keywords on Google or any other search engine - she said it was unethical. I noticed when I did a Google search using the words ''cary massage therapy,'' 20 other local massage therapy businesses appeared in the search. Obviously, others are using those keywords as well, because we are all located in the town of Cary and we are all offering massage therapy - it's the simplest way to find us on the Internet if you are searching from out-of-state for gift certificate purchases, etc. Is it ''unethical'' or ''illegal'' to use those 3 keywords? Can anyone own the rights to Internet search keywords such as ''cary massage therapy?'' (The competitor does not have a registered trademark, copyright, etc. on her company name.) I would like to know what is appropriate and legal. Thank you for your review.
3 Answers from Attorneys
Re: Internet Keywords/Competitive Website
I would need to know more info such as your business name and both business' complete list of activities and market area to advise. If the key words are not TM protected, ANYONE can use them in Internet searches.
However, if you use them as metatags in Google pay for click search assists etc., you can get into trouble.
Example: "New York Pizza" cannot prohibit or restrict services using key terms New York and Pizza, but software firms are prohibited from using Microsoft as key terms.
Call or email for further assistance.
Re: Internet Keywords/Competitive Website
Geographic terms (Cary) and descriptive words (massage therapy) are not generally entitled to trademark protection. So you are free to use those terms on your web site and as metatags.
Re: Internet Keywords/Competitive Website
You could of course be sued for anything, but it sounds like you would and should win on this issue for many different reasons. I focus on Internet matters; so feel free to contact me when you want legal opinions on general law like this. If necessary, we could also add a member in NC in the future.
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