An Analysis Of Unfair Competition Dispute Between Company A And Company B And Company Z

Unfair competition by using the Internet is common in commercial economic activities,especially in the use of "competitive ranking".Clarifying the main parties responsibility of Internet service is the key to solve the Internet infringement disputes."Unfair Competition Dispute Between Company A and Company B and Company Z"is the legal disputes caused by the competitive ranking service.There are three focus of controversy:Is the company A set "Lian Su" keywords?Whether company B implement unfair competition?Shall company Z be liable jointly and severally?First of all,the convention of competitive ranking service is that the user's own set of keywords.Although there is no direct evidence of this case company B set keywords,but we can kown that company B should be the main body from the existing evidence.Secondly,"Lian Su" is company A's enterprise identifier,which has a certain reputation in a certain area,and which belongs to the law of "the name of the enterprise" shall enjoy the exclusive right which no one can use without company A's permission.Company B shall know "Lian Su" is well-known brand as the business operators,but it still set the keywords in the promotion of the link by competitive ranking service,which for the intentional confusion to consumers of their products.Company B's behavior arise the actual confusion so that it can use the service to get more trading opportunities,which constituted unfair competition.Again,competitive ranking service from the legal nature of it should be defined as commercial advertising rather than information retrieval service.Therefore,company Z belongs to publisher,which is involved with the obligation to take the initiative to review the keywords.Company Z did not fulfill the duty of care,and it has subjective fault and helping tort objectively,which should be liable jointly and severally with company B.Finally,enterprises referred to specific operators or commodities and have produced the effect of identifying the operators shall be considered as "enterprise names" in this case..Also,it is more reasonable and efficient to distinguish the review of obligation of service provider.