and New York State Society of Certified Public Accountants v. Eric Louis Assoc., Inc., 79 F.Supp.2d. 331, 342 (S.D.N.Y.1999), the courts considered whether a defendant’s use of a plaintiffs trademark as metatags in its website constitutes trademark infringement. Only a handful of courts have addressed this issue. Most of those courts hold that such use is “use in commerce” and violates the Lanham Act if such use also causes customer confusion or initial interest confusion and is not a “fair use” of the plaintiffs mark. See, e.g., id.; Brookfield, 174 F.3d at 1064-65 (concluding that use of metatags constitutes “use in commerce” and violates trademark laws because it created “initial interest confusion”); Niton Corp. v. Radiation Monitoring Devices, Inc., 27 F.Supp.2d 102 (D.Mass.1998)(<HOLDING>); Trans Union L.L.C. v. Credit Research, Inc.,
holding that the defendants reference to the plaintiffs trademark in the metatags of the defendants web page was a violation of trademark law holding that direct copying of plaintiffs metatags and html code constituted trademark infringement holding that the continued use of licensed trademark after termination of franchise agreement constituted trademark infringement and breach of contract holding that contributory trademark infringement requires some predicate act of infringement holding that although the underlying action is one for trademark infringement the infringement occurred as a result of the underlying defendants use of the trademark in their advertising