On The Trademark Infringement Of PPC Service Provider

PPC services, also known as keyword promotion advertising, which requires aself-selected keyword and set on their pay of per-click by advertisers. And when auser enters the keyword to search, the ads of the advertisers who bid a higher pricewill be in a more forward position. Thus, the advertisers tend to buy well-knowntrademarks or the well-known trademarks as keywords to promote their goods orservices in order to get more potential customers. In the whole process of PPCservices, PPC services provider, often driven by high interest, tend to adopt alaissez-faire policy to the action or even help this action. Therefore, this type ofcommercial operation mechanism frequently leads to a series of trademarkinfringement disputes.Chapter1and chapter2in this thesis mainly demonstrate the nature of PPCtrademark infringement responsibility by providers. Based on the basic principles andoperating mechanism of PPC, analysis of the domestic case show the complexity ofthe PPC trademark infringement which involves three subjects of the PPC serviceproviders, advertisers and trademark owners. First, to analyze whether PPC serviceproviders constitute trademark infringement, we must first analyze the behavior ofadvertisers constitutes trademark infringement, this point is demonstrated by theanalysis of the function of the trademark in the recognition of basic role of trademarkinfringement. Second, to analyze the nature of the PPC trademark infringementliability of the providers, it is necessary to have a concrete analysis on the role andfunctions of relevant subjects in the PPC services. As learn from it, there aredifferences in subjective understanding and objective damage between PPC trademarkinfringement and direct infringement of advertisers. Therefore, it shall not apply tojoint tort, it is recommended to introduce indirect Infringement of trademarks field..Based on the first two chapters, chapter3mainly focuses on the composition ofPPC trademark infringement liability of the providers. It is demonstrated respectivelyfrom subjective fault of PPC by providers, the existence of direct infringement or theaction to provide help for direct infringement or the presence of induced behavior indetail.Chapter4is the defenses for PPC trademark infringement liability by providers.This chapter mainly focuses on the special defenses for PPC by providers on the basisof the existing traditional trademark infringement defenses. Learning from defenses related to indirect infringement in the field of copyright and patent, this chapterintroduces two defenses of "safe haven principle" and " technology-neutral principles" in the trademark field, and then discuss it in detail.