13. The defendants claim to be lawfully operating their websites and that
there have been no attempt to misappropriate any traffic. It is claimed that
that the metatags used are in relation to their product Scrabulous and not
Scrabble. Using the word scrabble in coding was a method of describing the game
and was not intended to indicate any brand. They also deny that their website
contains hyperlinks to various unauthorized infringing websites. Since the word
scrabble is in the public domain, any such use cannot be infringement of the
plaintiffs? rights. It is also pointed out that the plaintiffs do not have any
version of their game online, and therefore, there is no question of diverting
Internet traffic.
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