Research On The Trademark Infringement Of Search Engines

Last year, The United States again put China's top search engine,Baidu Inc, on its annual list of "notorious markets" for counterfeit andpirated goods, fueling U.S. business community hopes for action inCongress against "rogue websites." The U.S. Trade Representative's officesaid Baidu was the most prominent example of online services that use"deep linking" to steer buyers to "allegedly infringing materials, oftenstored on third-party hosting sites."How do we fit in while confronting withthe accusations from the USA of the trademark infringement of the deeplinks provided by engine service providers? Is search engine serviceproviding Deep links an infringement of trademark rights? At present,regulation on the search engines' behavior is still limited, so is theoreticalresearch. To establish the system of Zurechnung Principle of searchengines' trademark infringement, for instance, deep linking serve, is badlyin need of. This paper mainly studies on the Search engine's trademarkinfringement problems, from the perspective of deep linking servicefunctions, including the regulations of search engine, trademark liability,reasonable notice responsibility, filter technology and so on. The paperdeclares the deep linking's formation mechanism and working principlefirstly. Secondly, analysis and discuss the existing laws and theories ofSearch engine's trademark infringement from some countries. On the basis of above give the conclusion and apply it to Baidu's deep linking servicetrademark issues. The final objective of this paper is to clear theresponsibility on search engines and give the proposal to future judicatureand legislation of search engines' trademark infringement issues.