On Trademark Infringement Responsibility Of Search Engine

The trademark infringement responsibility of search engine is a new trademark infringement case which is accompanied by economic and social development and the popularity of internet. Today, the main argument about it is centered on whether the key words search engines can constitute a trademark infringement. Therefore, it is significance of our judicial to make sure the standards and corresponding nature of search engines trademark infringement which is accompanied the domestic and international jurisprudence and theoretical research.The trademark infringement responsibility of search engine is that the search engineers don’t pay necessary attention on the advertising business when they supply the key words search service. The search engineers help the clients web infringed trademark with intentionally or negligently.Since the search trademark infringement cases appear, we are faced with a great dispute. It is mainly concerned with effective protection of the rights of conflict and coordinating. At present, there are two viewpoints about whether the search engines can constitute a trademark infringement: positive and negative view. The search engineers help the clients to violate the interests of the right holder, and their behavior has constituted a joint trademark infringement. The trademark infringement responsibility can adopt fault liability principle and should be applied to the principle of fault presumption. In the search engine trademark infringement cases, as the search engineers, they can pleads against the right holders by the excuses such as fair use, prior right, forfeiter of trademark right, none written tell, before review and so on. However, once the court found that the act constitutes a violation of the search engines, the search engineers should hold the jointly responsibility and severally liable with web customers.there are two ways to take on the responsibility which is cessation of the infringement, for the elimination of any negative effects caused by his actions, for offering a public apology, and for compensation for any losses. The tort damages for trademark is dependent on the amount of loss, clients of web customers and legal amount of profit.