The Legal Research On Issues Of Trademark Infringement In "Adword"

Search engine has contributed great efforts to the development of internet.And the new business mode "Adword", which is based on the technologyof search engine, has brought profits to the search engines, more accurateand specific searching results to users, and also made advertisements forthe clients of this new business mode. Meanwhile, however, lots of legalissues have been brought up by "Adword", among which the mostcontroversial one is the infringement of trademark. Nowadays, peoplebegin to pay attention to this issue, but there seems to be no agreements tobe reached around the world. Different people hold different opinions andattitudes over these problems.This paper aims to solve the problems related to trademark in "Adword".First, it will examine if "Adword" is an act of advertising, and then it willcontinue to analyze what role the search engine is playing in "Adword".Secondly, it will find out whether there's the commercial use of trademarkby the clients of "Adword". Thirdly, it'll define the direct infringements indifferent situations in "Adword", with the help of confusion theory, dilutiontheory and the fair competition law. Last, it will define the indirectinfringement committed by search engines, and analyze whatresponsibilities the search engines should take to examine the informationprovided by the clients of "Adword".