1. What are metatags and cyberstuffing?

Metatags are HTML code placed around specific pieces of information. Metatags are picked up by search engines to provide keyword information about the contents of a particular website and rank the site in order of relevance to the search query. Generally metatags are not visible in the normal viewing layout of a internet browser.

Cyberstuffing is the practice of embedding metatags in a website.

By "stuffing" a website with metatags, the website will have a high relevance to most search queries. For example, a car company may stuff its website with metatags containing the brand names of its competitors so that its website always answers to search queries involving those other brands.

2. Trade mark infringement, misleading and deceptive conduct and passing off

The use of a trade mark (such as a car brand in the above example) within metatags may constitute:

(a) trade mark infringement,

(b) misleading or deceptive conduct under trade practices legislation; or

(c) passing off under the common law.

The damages which may potentially flow from a trade mark infringement on the internet may exceed infringement in the offline world because the potential audience is so large and the speed of transmission so rapid.
Other relevant Articles on this site:
Trade practices and consumer protection

Other relevant Fact Sheets:
Misleading and Deceptive Conduct
Trade Marks, Domain Names and Passing Off

End Notes