Comparative Study On Trademark Infringement Of Search Engine Service Providers

The wide application of search engine provides internet users with a lot of conveniences,not only reduces the obstacles existing in the process of online transactions and inconvenience,but also provides more choices for the network users when they search for information of aweb page. However, the phenomenon must be accompanied network illegal behavior byspeculators, there are also many opportunities at the same time，the infringement phenomenoncan be seen everywhere. In recent years, whether the search engine service providersconstitute a trademark infringement dispute constantly emerged. This article will focus onanalyzing for the problem whether the behavior for the search engine service provider as oneof the network service providers provides keyword service constitutes trademark infringement,if it constitutes the trademark infringement, then how will reflect the components of thetrademark infringement, the types of liability and principles of imputation. In this paper, byusing the method of comparative analysis, recommendation and sentenced to solving methodand other methods of domestic and foreign relevant search engine service provider constitutetrademark infringement legislation and academic theories were discussed, combined with therelated case review and comments, and from the following four parts to study the legal issues.The first part: At the beginning of the paper, focusing on research background andsignificance, at home and abroad are listed on the search engine service providers tort liabilitylegislation present situation and the status quo of the research. Understanding the definition,properties and working principle of search engine technology, on this basis, determining thesearch engine service providers of the trademarks as keywords retrieval service behaviorwhether have the possibility of trademark infringement.The second part: Analyzing of search engine service providers for the key factor oftrademark infringement, including "commercial use" and the "confusion possibility" are twoconditions to determine trademark infringement and order. To decide whether the searchengine service providers behavior constitutes trademark infringement needs to prove whetherthe behavior belongs to the commercial use, if belong to further prove the possibility ofbehavior is to save confusion. Various countries and regions based on local court differencesin legislative environment and for the conditions of the applicable law are different, in anycase there exist certain differences on legal interpretation.The third part: the search engine service providers in violation of legal obligation underthe premise of existence of infringing trademark rights may be. Therefore, in the UnitedStates, the European Union and China’s discussion about search engine service providers the representation of the trademark infringement legislation and practice. Analyzed rules on thesearch engine service providers to cope with the provisions of the reasonable duty of care, letit in appropriate situations corresponding legal responsibility, under the network environmentbalance trademark oblige and consumers interests between and among service providers andsearch engine.The fourth part: Combining the latest and determination of network service providers tortliability case the verdict, the analysis of subjective status of search engine service providers,and the red flag standard haven rules applicable conditions, determining its tort liabilityimputation standard, adopt the imputation principle of fault liability. In court the process inour country about the cognizance of search engine service providers with the help of the tortliability have played an important role in actively guide and judicial practice.