Research On Trademark Infringement Of Search Engine

As the twenty-first century, the era of knowledge economy approached, people pay more attention to the protection of their tangible property than their intangible property, while intangible property includes intellectual property such as trademarks, patents, copyrights, trade secrets, etc. As a part of intellectual property, the protection of trademark is very important. Nowadays, companies are vitally concerned about their trademark, trademarks are not only used for helping consumers identify their products, more importantly, trademarks also represent company reputation, part of intangible assets and productivity, the protection appears more important to the trademark.Today, as the world entered the information age. As an information platform, internet plays an increasingly important role in people's daily working life. More people acquire information and make trades through the internet, etc. While the infringement forms of trademark on the Internet are more complex and subtle. In network world, trademark infringements include not only by registering the same trademark or approximate writing as a domain name, carry on the related electronic commerce through the domain name, confusing the internet users, also include a more complex infringement form--the search engine trademark infringement.The reason that search engine cause trademark infringements, is because the key words which many search engines set are some famous trademark and well-known mark, when the users enter these keywords, network link that appears might not necessarily be the trademark owner's website, and maybe other sites of similar products or even a competitor's site. The reasons turn out to be some sites sets the well-known trademarks as Meta tags of their own sites, which makes searching much easier, or some involves in keywords advertising services which are provided by the search engine optimizers, etc. Concurrently, these have initiated in search engine's trademark infringements.Now, more and more cases which related to search engine trademark infringement presented in various countries. New network question challenge the traditional trademark law. The author takes two typical cases of search engine trademark infringement which occurred in European Union for example, LV sues Google and Interflora sues Marks & Spencer, analyzes the foreign court opinions about search engine trademark infringement, then combined the theory of China's Trademark Law, Systematically illustrates the types of search engine trademark infringement, At last, Using the overseas court opinions and the domestic judicial practice about the search engine trademark infringement, propose the judicial interpretation which specify search engine trademark infringement, pose legislations which qualitative induct judicial opinions such as a public inquiry system and so on.