Promatek Industries, Ltd. v. Equitrac Corp.
No. 00-4278
10/18/02 Amendment
ORDER: The slip opinion of this Court issued on 8/13/02 is hereby amended as follows: On page 9, the second-to-last sentence of the first paragraph (beginning “It is Equitrac’s use of the term…”) should be removed and replaced with the following: “The problem here is not that Equitrac, which repairs Promatek products, used Promatek’s trademark in its metatag, but that it used that trademark in a way calculated to deceive consumers into thinking that Equitrac was Promatek. Id.” Immediately following the sentence to be inserted above, the following footnote should be inserted: “It is not the case that trademarks can never appear in metatags, but that they may only do so where a legitimate use of the trademark is being made.”