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Internet Trademark Case Summaries

Niton Corp. v. Radiation Monitoring Devices, Inc.

27 F. Supp. 2d 102 (D. Mass. 1998)

Plaintiff and defendant both manufactured and sold x-ray fluorescence instruments and software designed to detect lead in paint.  The parties were engaged in false-advertising litigation when plaintiff discovered that defendant was using plaintiff’s trademarks as metatags on defendant’s website.  When plaintiff’s webmaster ran an Internet search for “The Home Page of Niton Corporation,” the search engine turned up hits for defendant’s website as well as plaintiff’s.  Several of defendant’s web pages included the metatag “The Home Page of Niton Corporation, makers of the finest lead, radon, and multi-element detectors.”  The court found that there was sufficient evidence to warrant the issuance of a preliminary injunction, and it enjoined defendant from using its website in a manner likely to suggest that the parties were affiliated or that defendant manufactured products marketed by plaintiff.  The injunction was granted subject to modification if defendant could show it developed a means of attracting visitors to its website that would not violate the injunction.