Research On Trademark Infringement Of Search Engine Keyword Advertising

The advance of Internet technology has spawned a search engine keyword advertising marketing model, also has spawned new legal problems. In nearly a decade, legal issues of trademark infringement of keyword advertising based on search engine technology is still disputing in the theory and the practice. Continue to studying keyword advertising trademark infringement problem is still very necessary. This article is divided into four parts altogether.The first part introduces two typical cases, which leading to the origin of search engine keyword advertising trademark infringement problem, summarizing mainly three controversial focuses of search cengine keyword advertising trademark infringement responsibility.The second part is considerating the controversial issues of search engine keyword advertising trademark infringement, it is the important part of this article. Search engine keyword advertising trademark infringement is endless disputes, the key is that the three controversial issues have not been resolved. Detailed discussion comes to these conclusions:keyword advertising belongs to the "trademark use" in "Trademark Law", the search engine keyword advertising trademark infringement belongs to unfair competition, the search engine service providers have no obligation of prior substantive examination. The conclusions provide the basis for the third part.The third part is the problem of identification and commitment of search engine keyword advertising trademark infringement,it is the important part of this article. According to the the basis of the second part and combining with the related concepts and theories, clearing that the third-party websites shall bear tort liability directly, the search engine service provider shall bear joint tort liability.The fourth part is puttting forward proposals to improve the search engine keyword advertising trademark infringement liability system from four aspects. Clearing that to provide technical support is "helping" behavior in trademark law,further clearing "should have known" criterion for the network service providers,clearing that internet service providers should not bear substantive and strict examination obligation according to "Advertising Law", formulating technical specification for the search engine industry.