Study On Liability For Trademark Infringement For Internet Service Providers

In recent years, online shopping has become a new shopping way which is very popularwith young people. In this context, many shopping sites arises have emerged. On one hand,the new trading way brings consumer many convenience and benefit.On the other hand, theyprovide infringing place for the sale of counterfeit goods. At the same time, due to the virtualnature of the Internet, the trademark owner is very difficult in fighting against counterfeitgoods. So the trademark owners often turn to the online trading platform service provider forthe object of asking for compensation when it is difficult to find the real infringer. Looking athome and abroad, it has emerged from the requirements of the online trading platform serviceproviders to take on the responsibility of trademark infringement cases in the judicial practice.No.100-300"Tiffany&Co. V eBay. Inc "(hereinafter referred to as the eBay case) whichis heared by The U.S. Circuit Court of Appeals is one of the classic case in trademarkinfringement. In this paper, we are studying on the four chapters:The first chapter is empirical analysis in trademark infringement of the network businessplatform service provider. This part briefly analyzes the basic situation of eBay case and therelated problems reflected the case: the understanding for eBay’s the role orientation; whethereBay’s behaviour constitutes a trademark infringement; the judgement for subjective faultdetermination standards; Clear the obligation of network supervision in trademarkinfringement.The second chapter discusses the role orientation of the network trade platform servicesprovider.At present theoretical circles think that there are three views of" the seller or jointventure parties","intermediator","venue lessor" for the role orientation of the online tradingplatform service providers. This part to eBay case as for example, this paper analyses theconcept and operation mode of the network trade platform service, and discuss the roleorientation of shopping site such as eBay that is the similar to the lessor.The third chapter discusses how to affirm the trademark infringement responsibility of the network trade platform services provider. We discuss the U.S. Lanham Act and itsstandards in direct infringement. Indirect trademark infringement discusses the concepts anddefinitions, and analyzes the constituent elements of indirect trademark infringement.The fourth chapter is the legal regulation for trademark infringement of the onlinetrading platform service provider. The part first discusses the relevant legislative provisionsfor trademark infringement in China and the relevant problem. Then we analysis the relevantlegislative provisions of the United States and European Union and their respectivecharacteristics. Finally, we put forward some suggestions to improve our national legislation.