Fair use defense denied defendant who "repeatedly" used another's trademark as a meta-tag.(Horphag Research Ltd. v. Pellegrini)

The Ninth Circuit recently upheld a lower court finding of trademark infringement, refusing to deem "fair" a defendant's "repeated" and "unreasonably pervasive" use of another's trademark on its Web site and as a meta-tag. [Horphag Research Ltd. v. Pellegrini, Nos. 01-56733, 02-55142, 2003 WL 21037552 (9th Cir. 2003).] Such constant and intrusive use by the defendant was more than reasonably necessary to identify the product associated with the trademark and likely suggested to consumers sponsorship by or association with the trademark owner.

Plaintiff Horphag Research, Ltd., the owner of the trademark "Pycnogenol" for a pine bark product, sued defendant Larry …