What was once seen as clever SEO is now under legal scrutiny, prompting brands to rethink their strategies. As courts examine hidden tactics like using trademarked keywords in meta tags, marketers must navigate the line between effective optimisation and deception.
SEO (Source: unsplash)
In today's competitive digital landscape, gaining visibility is crucial for brands. However, some marketers are resorting to questionable tactics that blur the lines between brand building and brand borrowing. One covert method that has been used for some time involves embedding competitors' trademarks in meta tags to attract consumer attention. This tactic is subtle, remains invisible to users, and often goes unnoticed.
Recently, courts have taken notice, and one of India’s leading consumer brands has found itself in the spotlight. In 2024, Lenskart.com was sued by Titan Company Limited for using its trademarked brand names, such as “Fastrack,” “Titan,” and “Titan Eye+,” in its HTML meta tags. This practice allowed Lenskart to appear in search results for those brand queries, unfairly benefiting from Titan’s brand equity by attracting consumers searching for Titan products to its website instead.
The Delhi High Court ruled in favour of Titan, issuing a permanent injunction against Lenskart. The court emphasised that even invisible digital strategies must comply with trademark laws. This case has had a significant impact on the marketing and e-commerce industries, raising important questions about the distinction between effective SEO practices and deceptive brand appropriation.
A similar case occurred in 2010 when Louis Vuitton filed a lawsuit against Google after users searching for "Louis Vuitton" encountered advertisements for counterfeit or competing products. This situation arose because Google allowed advertisers to purchase the keyword "Louis Vuitton," regardless of whether they were selling genuine products.
Louis Vuitton argued that this constituted trademark misuse, while Google maintained that it was merely a platform displaying ads and was not directly selling anything. The European Court ruled that Google is not liable for trademark misuse as long as it remains neutral and does not actively promote fake ads. However, advertisers can be held responsible if they mislead customers or misuse trademarks.
As the digital marketplace becomes increasingly competitive, the pressure to stand out in search rankings is immense. These cases underscore a vital reminder: in the quest for clicks and conversions, ethical boundaries must not be ignored. What was once considered clever SEO is now under legal scrutiny, prompting brands to rethink their strategies.
Moving forward, marketers need to balance innovation with integrity. In the long run, sustainable brand growth relies not only on visibility but also on trust, transparency, and respect for the rules governing the digital space. space.
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