Research On Paid Listing Service Of Trademark Right Infringement

Paid listing services refers to the customer for their web page purchased in the keywords ranking search engine,And search engine is a service bills in click (or period) on them, which is with the development of the Internet and the emergence of an new network marketing way is search engine technology, a form of commercial use. Network age is "eyeball economy" era and "attention" is the capital. Users utilize greatly search engine in order to search and get information. How to let users in mass information pay more attention to you and in the first time and the first position to attract users became businessmen racked my brains to solve the problem. The emergence of paid listing services just catering to the needs of the business. In order to make his own web pages can attract more users'attention, Paid listing services customers in setting keyword there could be some well-known trademarks for their paid listing services set keywords or search engine service providers in order to attract more paid listing services customers Prior provide some of trademark or well-known trademark as the key word for customers to choose, When the public input on the Internet this trademark as a search keywords retrieval would click when the search results page in trademark owner web links and are drawn to the web products. The purpose of these trademarks businessmen use just to enhance its web page is attention or browse probability .Relying on others with the social popularity trademark or unique advertising value deliberately confusing, misdirect consumer. In this Paid listing services for others the way the use of trademarks trademark rights and damage the interest of the public Has aroused people's attention. However in judging this use means whether to belong to trademark infringement. And is not an easy thing.The traditional theory of the trademark law faced emerging with the great challenge search technology.Facing this emerging countries of the use of trademarks are not unified way attitude.The United States in the judicial practice founded the initial interest confusion rules.The establishment of the rule of traditional trademark confusion solved theory cannot completely suitable for network trademark infringement of difficult problems , provides the theoretical support for bidding rankings trademark infringement.The European court in that Paid listing services bidding customer is the main undertaker trademark tort liability.For customers, in the Paid listing servicer, for use in public confusion caused others keywords, need to assume the tort liability .And search engine business whether assume tort responsibility then follow the "notice" + "delete" rules. Search engine builders had received infringement notice ,still did not take measures to assume responsibility.just from Our limited judicial precedents, although Our courts'the cognition of keyword advertising is different , most believe that take others trademark use of trademark infringement in Paid listing services service as a search keywords can be constructed. Search engine business and bidding customer bear joint tort liability.Basing on different use way in the paid listing services of trademark, in paid listing services for others the use of trademarks are divided into two kinds of ways. One is the use of trademarks. in labeled way , the use of trademark way is latented, public can't see and won't cause public confusion. So does not constitute a trademark infringement. The other is trademark keyword advertising modes, In this use fashion ,trademark directly display in the search pages and can be the public see directly. To intellectual property rights sufficiently and effective protection and with the situation needs to expand its range of intellectual property protection at the same time. The intellectual property law need to coordinate the relationship between the different stakeholders.In the paid listing services trademark infringement to balance the cognizance of search engine business, trademark, relationship between customer and the public interest.At present our country hasn't directly regulate paid listing services legal requirements, the practice court for the trademark law often out of joint tort terms and civil trial related rules of trademark infringement cases Paid listing services, search engines contractor and bidding customer bear joint tort liability. Because the fuzziness of applicable laws, need to further improve the legislation.