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Research On The Trademark Infringement Of Bidding Rank

Posted on:2017-03-15Degree:MasterType:Thesis
Country:ChinaCandidate:X H WangFull Text:PDF
GTID:2346330485497946Subject:Intellectual property law
Abstract/Summary:PDF Full Text Request
Bidding rank has many virtues, such as creating new business models for the search engine service providers, providing sources of disseminate a product or a service for the network business and providing more choices for network user. However, as bidding rank created interests for the search engine service providers and the network business, it also caused problems for trademark owner at the same time. For examples, some people use trademark without permission, and cause trademark infringement. There are different opinions in my country about whether bidding rank is an infringement of trademark rights, and this paper researches on it.This paper is divided into six parts, the first part gives the definition of bidding rank, and analyses its merit and demerit and legal nature, Lay the foundation for the researching of this issue.The second part studies on the United States', European Union's, China's judicial experience, On the basis of study of domestic and foreign cases, Concludes the attitudes about this issue of different countries, to seek to the experience.The third part sorts out all trademark using behaviors, and analyze their "trademark use" nature, with a view to provide a theoretical basis for the researching.The fourth part analyses the “using is in the trademark sense” and the “likelihood of confusion” of trademark use behaviors of Bidding rank. About the “using is in the trademark sense”, this paper studied on the necessity of existence of it, why using trademark inside the computer cannot be a defense to trademark infringement, the relations between "commercial use" and “using is in the trademark sense”, the difference of trademark use behaviors between bidding rank and comparative advertising. About "the possibility of confusion", this paper studied on the judgment methods of "the possibility of confusion", and why it is inappropriate using “pre-sale confusion”. Moreover, this paper views that variety of choices provided by bidding rank cannot be a defense to trademark infringement, after comparing between “variety of choices” and "the possibility of confusion". The fifth part researches on the tort liability of the search engine service providers, this paper researched on their review of obligations and the attentive duties in three stages(keywords review stage, keywords advertising stage, trademark claim stage), and this paper views that if search engine service providers do not fulfill the obligations in the three stages, they will take responsibility according to indirect infringement.
Keywords/Search Tags:Bidding rank, Key words, trademark infringement, using is in the trademark sense, the possibility of confusion, tort liability
PDF Full Text Request
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