| PPC search engine advertising is a form of the word promotion, because of the kind of trademark infringement is no uniform understanding of the traditional legal norms still unable to form a mature and effective for its regulation. This article first theoretical definition of PPC services and features analysis, then, taking into account the judicial practice of search engine PPC trademark infringement has been more the case for similar or even the same case, the court will even give different different judge, the focus of this article is to sort out the various judgments and empirical analysis, summarized explore the laws of judicial practice for this type of case decisions. PPC search engine for trademark infringement case, the paper first provides a basic descriptive statistical analysis designed to identify the specific distribution of the case group at the time, geography, and other aspects of the trial level. Second, in contrast to the trial after the contents found in the judicial practice, a court in the majority of cases are that the defendant(ie advertisers) constitutes trademark infringement. Even if does not constitute trademark infringement, but also constitute unfair competition to some extent. For search engines, courts tend to behave not liable. However, the study of law can not be analyzed only the data surface, but should focus on specific differences in judicial practice. Finally, for the three issues were the main focus of that for PPC services, it does not have the essential characteristics of advertising, PPC itself does not constitute a direct infringement. Meanwhile, PPC services is a search engine service provider for non-neutrality of technology use, and therefore can not invoke the "technological neutrality" exculpatory. In addition, if the search engine PPC improper use of trademark constitutes trademark infringement liability indirectly, to bear its improper use that part of the increase in liability for damage. |
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