Research Search Engine Service Trademark Infringement Responsibility

The rapid development and progress of network technology will take the human society into a true information age. In the process of rapid integration of commodity economy and the internet technology, the identifiable and promotive function of trademark plays an increasingly important role in the Internet. However, the timely and efficient delivery of information and Global information sharing of the Internet weaken the regional of trademark, causing a series of new infringement forms of trademark in the network environment. In the past, people’s understanding of Internet Trademark infringement always limited to the domain name. As the domain name was replaced by the technology of search engine for people to search the website, Search Engine Services Provider’s trademark infringement came into being. Compared with the traditional trademark infringement, Internet trademark infringement is hidden, complex. Trademark holders are not able to sue each infringer in the virtual space, they have to seek relief from Search Engine Services Provider. It is far beyond the scope of the original Trademark Law, how to define Search Engine Services provider’s obligation become the issue need to be discussed by scholars.Through the study of Search Engine Services provider’s trademark infringement liability, we could gain more understanding of the type of tort, and try to build a complete system of Search Engine Services provider’s legal liability. This thesis is consisted of four chapters:In Chapter1, on the description of the status quo of Search Engine Services provider’s trademark infringement, I compared Search Engine Services with other network service providers, introduced how Search Engine works, defined Search Engine Services provider’s legal status.Then I combined the domestic and international cases to generalize about the three types of the tort.In Chapter2, by analyzing the legal basis of the traditional trademark law, we know the intent to use trademarks and the trademark confusion theory are very important. To bring in "commercial use"," initial interest confusion theory",famous trademark dilution theory are necessary.In Chapter3, first I defined the principle of imputation. Then I adopt the comparative method to discuss the system of Limitations on Liability in China and the USA, to compare Safe Harbor Rule’s provisions to Article36of Tort Law of the People’s Republic of China for value orientation to light. In Chapter4,I tried to build the system of Search Engine Services provider’s trademark infringement liability. I find out the legislative defect about Search Engine Services provider’s trademark infringement liability in China’s legal system and give some legislative proposals. And Search Engine Services providers should strengthen the industry self-discipline and self-protection.