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Linking, Framing, and Metatags
When is it permissible to link to third party materials? Under what circumstances can a third party's trademarks be included in your site's metatags?
- Linking. Generally, it is permissible to include a hypertext link to the homepage of a third party's web site. The link should include no more than is necessary to identify the owner of the linked-to web site and to allow connection to the web site's home page. Including additional third-party proprietary information, such as a trademark or logo design, could result in claims for trademark infringement, false advertising and unfair competition. Web site developers and creators should make sure that links are to the home page and not deep-linked to an internal page.
- Framing.
It is usually not permissible to lift content from a third party and "frame" that content within your site, without first obtaining the permission from the third party. "Framing" is frowned upon because web visitors might be falsely led to believe that you are the source of the content, and because such "framing" may involve the unauthorized reproduction and distribution of works subject to copyright protection.
- Metatags.
Metatags are HTML programming code instructions given to on-line search engines by the web file. Some developers incorporate third-party trademarks into metatags in hopes of drawing traffic intended for the third party to their sites. Developers should take caution in incorporating third-party marks into metatags in anything other than a generic or descriptive sense, or they may face a claim for trademark infringement.
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