Blacklist for META Tags

Due to legal problems there is the need to blacklist some words for the use in META tags.
I wasn't able to find an option to do this. Is there a way to keep some special words from being used in the META tags?

If there is no way I strongly advice to integrate such a blacklist as this could be of great legal impact especially for users in Germany.

What are the legal issues?

There is a decision from the BGH (the highest German court) that says it is illegal to use other one's trademarks in meta tags, especially if you are in the same business.
To be considered to be in the same business comes very easily here. Let's make an example that my lawyer had to deal with this week:
You have a thread about some sort of business, and there is a discussion about the "blabla travel agency". As the "blabla travel agency" is mentioned several times in this thread and the thread is tagged with "blabla travel agency" Google AdSense delivers most likely some sort of travel ads.
vbSEO ads "blabla" and "travel agency" - which are both registered trademarks - to the meta tags.
As you now earn money with travel agencies (via users clicking the ads delivered by Google AdSense) you are considered to make money with travel agencies so you are in the same business as "blabla". That makes it possible for "blabla" to sue you.

I know that this sounds weird, but it is real. I have a "Abmahnung" ("Warning") from a lawyer here that asks to remove some word from the meta tags. I had this checked by to different lawyers to see if this is real and both of them said that this could get very expensive for me or others who use meta tags that contain trademarks in this case.

Wow - how ridiculous. Google AdSense will place travel related ads on a page discussing "blabla travel agency" even if it's not in the meta tags.

Perhaps these companies would be more happy if sites were completely banned from discussing their name, or linking to them. However, I suspect they are only interested in doing that if (a) all negative mentions are removed, (b) all positive mentions are maintained, and (c) if you in any way make money on a page that mentions them, you issue them a share.

Removing all references to them would effectively ensure the only way they are going to get any exposure is to pay for expensive, old media, advertising.

• If you are getting positive mentions, that is one of the most valuable forms of marketing in the world: word of mouth/mouse.
• If you are getting negative mentions, you are also getting an extremely valuable asset. That is, knowledge of what you can do to improve your business products/services/support/policies, etc.

If unfounded allegations are posted, then that is an entirely different legal process for libel and associated negative repercussions of false statements.

But preventing the fair use of trademarks on the Web would effectively destroy a big part of the blogosphere/forumsphere.

Trademarks should protect a phrase or business name used in the trade of associated products/services.

However, if the site containing those trademark terms does not attempt to associate them with the sale of their own product/service (i.e. misrepresent), then it should be acceptable usage.

Another more reasonable restriction would be using those trademarks on pages, without content that would reasonably be expected to mention those trademarks in informational ways.

It's time the BGH gets someone who understands technology, and can exercise some common sense.

Originally Posted by Joe Ward

Wow - how ridiculous.

Yupp.
But that won't solve the issue.

Originally Posted by Joe Ward

Google AdSense will place travel related ads on a page discussing "blabla travel agency" even if it's not in the meta tags.

That is right, too.
But the court decision relates especially to meta tags.

Originally Posted by Joe Ward

Trademarks should protect a phrase or business name used in the trade of associated products/services.

That is the point. The combination of the trademark in the meta tags and the ads for similar services is a misuse of the trademark as you lead potential customers to a competitor using the trademark (as the use of the trademark in Google shows your site).

Originally Posted by Joe Ward

However, if the site containing those trademark terms does not attempt to associate them with the sale of their own product/service (i.e. misrepresent), then it should be acceptable usage.

Should be. But is not.

Originally Posted by Joe Ward

Another more reasonable restriction would be using those trademarks on pages, without content that would reasonably be expected to mention those trademarks in informational ways.

That is forbidden, according to the BGH-decision, too.

Originally Posted by Joe Ward

It's time the BGH gets someone who understands technology, and can exercise some common sense.

That is right, but won't help at the moment.

In Germany there is a legal thing called "Abmahnung". I don't have a proper word in English (tranlated it as "Warning" earlier). This means, that one who runs a business can order a lawyer to send a competitor such a "Abmahnung" when he thinks the competitor doesn't stick to business rules. The trick is that the one who gets the "Abmahnung" has to pay the lawyer. Not the one who sends the lawyer.
So in the case discussed it is possible that gets an "Abmahnung" which says that he is abusing trademarks (just because the use of trademarks in meta tags together with Google AdSense ads). Attached to this "Abmahnung" there is a bill of the lawyer asking to pay 1.000 to 2.000 EUR. And it's quite hard to fight against that (had to several times).

This is the first time I heard of something like that, but I bet it will increase as this is an easy way to make money for lawyers. And even if this really sounds ridiculous (it is, indeed), it is a true danger. Could send you the letter I got (only in German, sorry) to proof it. The easiest way to solve this is to include a blacklisting feature for the meta tags before there are lots of problems.