Golden Gate University Law Review


In Brookfield Communications, Inc. v. West Coast Entertainment Corp., the United States Court of Appeals for the Ninth Circuit discusses whether trademark or unfair competition laws prohibit the use of another's trademark in its web site's domain name and metatag. The court concluded there was a likelihood of confusion between the marks. Therefore, using the mark in the web site's domain name constitutes trademark infringement. In addition, using the mark in the site's metatag created initial interest confusion.