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Research On The Trademark Infringement Of Search Engine Rankings

Posted on:2019-05-02Degree:MasterType:Thesis
Country:ChinaCandidate:T Z YangFull Text:PDF
GTID:2416330566495440Subject:Law
Abstract/Summary:PDF Full Text Request
Pay per click(PPC)service is an emerging marketing model derived from the development of network transactions,which is also a new form of commercial use of search engine technology to cater to the needs of the market.PPC service was utilized by enterprises to get more trading opportunities by winning attention and stimulating the potential needs of the consumers and their desires for consumption.When choosing promote keywords,enterprises inclined to take advantage of the wide social reputation of well-known trademarks in the same industry to gain attention and thereby increase the potential benefits for themselves.Although the emergence of this new marking model is convenient for network users to perform object retrieval and has boosted the relation between enterprises and consumers,it is usually misleading to consumers in service process due to its complexity,inaccuracy and inadequate regulation.Thus it may easily cause interest losses to both trademark owners and consumers,as well as pose new challenges to further standardize the order of the network.This paper is based on the theory of traditional Trademark Law and combines the relevant theories.By adopting the rules of law case to study PPC service mode of the trademark infringement problems.Firstly,summarizes the PPC Service from the perspective of definition and characteristics.Then focus on the legal nature of the mode and characterize it as a kind of commercial advertisement,and position the search engine service provider as a commercial publisher.After that,this section also analyses the relevant attention and review obligations of search engine service provider.Then,analyze the trademark infringement behavior in the PPC Service mode.In this section,we will comprehensive analysis of both domestic and international legal provisions and practical cases,extends from the traditional domain to the mode of PPC Service,and discusses the identification of the trademark infringement.From the use of trademarks and likelihood of confusing possibility,the two component elements of trademark infringement,to determine whether there is trademark infringement in the PPC Service mode.The third section is about the research focuses on the infringement liability of the search engine service provider and the PPC client when the trademark infringement behavior is established in the PPC Service mode.When determining the tort liability of the search engine service provider,this part will also list its common disclaimer and the corresponding identification principle.Besides,we will also discuss the application of indirect tort liability.In the end,comprehensive above,put forward legislative proposals.It is suggested to further clarify the criteria of "Confusion Possibility" of trademark infringement in China's legislative process,rationally determinate the relevant obligations of search engine service providers meanwhile clear the indirect trademark infringement form,and from the perspective of Competition Law to regulate the behavior of each subject.We expect to purify the network environment,maintain the network market order and realize the fairness and justice in internet market.
Keywords/Search Tags:Pay Per Click, Trademark, Confusion, Indirect Infringement
PDF Full Text Request
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