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The Identification Of Search Engine Provider’s Trademark Infringement Under The PPC Model

Posted on:2016-03-31Degree:MasterType:Thesis
Country:ChinaCandidate:L XuFull Text:PDF
GTID:2296330479988116Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of the Internet, it has shortened the distance between countries and regions; the rise of the Internet economy enables network operators and network users omnipresent smell a business opportunity. What followed was a huge impact on a variety of Internet business practices existing legal norms generated face sprung up Internet trademark infringement cases, due to differences in their perception of the courts across regions has led to the reality of the same type of case, "the same case with different verdict" phenomenon. PPC model is concerned, which involved trademark infringement has a different outcome of the trial in the domestic judicial practice.Whether the search engine provider can constitute trademark infringement is the biggest difference there. In theory, there are four outcome of the trial, that the search engines and advertisers are constituted trademark infringement, the search engine providers do but the advertisers do not constitute trademark infringement, the advertisers do but the search engine providers do not constitute trademark infringement and search engine providers and advertisers neither constitute infringement.In this paper, with the four possible outcome of the trial for the guide, look through the relevant domestic and international jurisprudence classic type of analysis, ultimately, determines responsibility principle of trademark infringement, the prerequisite and three specific circumstances, which can play a reference for our judicial practice trial of similar cases. This paper discusses this divided into four parts, the specific content are:The first part is an overview of the PPC model. Briefly discusses the content and substance of the PPC model, the possibility of the trademark infringement and the damages may be caused. The reason to make PPC model as a research topic of trademark infringement, is because it needs to balance the interests of trademark owners, public interest and the development of science and technology.The second part is a classification of domestic and international cases, and noted that it contains the trademark infringement issues. Firstly, by reference to domestic cases, raised the legal issues in judicial practice. Secondly, through the introduction of the European Court’s case gained significant trial experience, which is the specific definition of "trademark use"; finally, through the United States Federal Court cases cited, make "trademark confusion" acts as an element constitutes trademark infringement to search engine. In addition, it explains the circumstances that search engine providers do and do not constitute trademark infringement.The third part is a comparison and analysis of domestic and international cases. This part answers the legal nature of the search engine provider for network service providers; illustrates the meaning of "trademark use" and explains that search engine’s behavior does not belong to the "trademark use" category; excludes the possibility of search engine providers constitutes trademark infringement along; elaborated the possibility of search engines and advertisers constitute contributory infringement; releases search engine providers to understand the behavior of the PPC should bear some obligation and its sources.The fourth part is the identification of search engine provider trademark infringement under the PPC model. Through our judicial practice problems has exposed, it proposed the corresponding way, and summarizes the identified search engine providers constitute the Principle of Liability, prerequisite and three specific circumstances for domestic judicial practice,which can play a certain reference.
Keywords/Search Tags:PPC model, Search engine providers, Trademark infringement
PDF Full Text Request
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