On Identify Of Trademarks Indirect Infringement Fault Of Internet Service Provider

Since the21st century, network is increasingly becoming the channels of selling goods. Along with the increasing scale of China’s online shopping market transactions, the group of the network shopping user is enlargement at the same time, occupying a larger proportion in the Internet. It is obviously that the network marketing is the inevitable trend of market development. But the phenomenon of network shopping trademark infringement is increasingly serious; it has restricted the further development of e-commerce in the new ways. This article will lead to the problems of the internet service provider fault trademark indirect infringement problems from the "Yi Nian (Shanghai) Fashion Trading Co. Ltd. v. Zhejiang Taobao Network Limited, Du Guofa ltrademark infringement dispute" case, then it is introduced to illustrate the internet service provider’s status and characteristics of internet service provider trademark indirect infringement through the concept and characteristics and its constitutive requirements, it also will further explore rules and requirements of the internet service provider fault of indirect infringement trademark. In addition, I will put forward to improve the internet service provider in China trademark indirect infringement phenomenon under the network environment from the current relevant laws and regulations of home and abroad on this issue to the practical experience.Chapter Ⅰ is mainly about the "Yi Nian (Shanghai) Fashion Trading Co. Ltd. v. Zhejiang Taobao Network Limited, Du Guofa trademark infringement dispute" case and disputes. Chapter Ⅱ will analyze the disputes of the case by discussing the legal status of the internet service provider, the trademarks indirect infringement fault of network service provider and the trademark indirect infringement. Chapter Ⅲ will put forward to improve the network service provider trademark indirect infringement phenomenon through the recognition of fault in the analysis of judicial practice in our country the problem.