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Study Concerning The Use Of Trademarks On The Internet

Posted on:2009-01-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y SunFull Text:PDF
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With the development of Internet technology, we enter into a world of eye economy, more and more enterprises enter into this new market because of the huge business chances brought by globalizing of Internet. As the other new thing, Internet also need regulation of law. But there are a variety of challenges from new type of infringement in face of the virtual world. The current law system often can't take effect since it lag behind the reality world. so is the trademarks protection of internet.Recently, people pay more attention to the domain name concerning trademark of infringement on the Internet. Spec ability Actually, it doesn't limit to domain name, it also includes other kinds of trade infringement except domain name, it also includes other kinds of trade infringement except domain .For example, search engine trademarks of infringement, links infringement and so on. However, often neglect them. While as domain name is familiar with people more and more, it is very urgent that people should concern with the other kinds of trademarks infringement except domain name. this thesis will discuss the theme as follows:The first chapter discuss the challenges of traditional trademark right the Internet and re-interpret the new function as well as the way of use of trademarks. and then the non-regional of Internet takes influence of trademarks domain feature. Internet information technology and corporation and coordination of worldwide. How I will protect trademarks decides how well the enterprises develop and how we can protect the benefit of the consumers. so I take the theme about the use of trademarks on the Internet.The second chapter is connecting about domain of trademarks infringements. First, I introduce the basic principle of links, and then analysis the standards of the infringements of the infringements of three kinds of links: link out, deep links and embedded links as well as the fare use of trademarks, Finally, I state the typical cases of link trademarks infringements in the USA and summarize the legal practices.The third chapter introduces invisible trademarks infringement (search engine infringement). It has attracted people's attention. First, I introduce the basic principle of search engine. Secondly, The relevant legal problem with invisible trademarks infringement from four faces: distinctive, initial interest confusion, subject purpose and dilution ,Finally I state the typical case about search engine infringements in the USA and give a summary in judicial practice. The fourth chapter is concerning with the trademarks protection in our country. it is urgent that the protection of trademarks extend to the Internet because it doesn't live up to the needs of legislation and judicial practices. then I introduce the current protection condition the improvement of our country law system from judicial protection, international protection and strengthen the function of administration.
Keywords/Search Tags:trademark, Internet, links, search engine, legal protection
PDF Full Text Request
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