The Implicit Use Of Trademarks In The Bidding Ranking Service

The bidding ranking is an important promotion method in the Internet era.Because of the low investment and high income,it is deeply loved and sought after by businesses.Setting another person's trademark as a keyword has become a common means for businesses to increase their own popularity and enhance their competitiveness.What can not be avoided is that while obtaining attention and benefits,it has also caused a series of problems.The theory and practice circles have different views on whether setting another person's trademark as a keyword constitutes trademark use,whether it causes confusion,whether it constitutes trademark infringement,and whether it constitutes unfair competition.Analyzing the complex problems in the process of implicit use of trademark keywords in bidding ranking and finding the best solution is not only helpful to theoretical research,but also of great significance to judicial practice.Therefore,starting with relevant cases,we analyze domestic and foreign judicial facts,introduce current judicial experience,and conduct in-depth analysis from various perspectives such as trademark use,confusion possibility,and unfair competition.We believe that the implicit use of trademark keywords in competitive rankings constitutes trademark use.However,because it does not have the possibility of confusion,it does not constitute trademark infringement;At the same time,setting another person's trademark as a keyword is a typical traffic hijacking behavior,which violates the principle of good faith and recognized business practices and constitutes unfair competition.The structure of the article is as follows:The introduction introduces the background of the implicit use of trademark infringement disputes in the bidding ranking trademark keywords,the relevant judicial situation at home and abroad,and the views adopted in this paper.The first part introduces the relevant concepts and experiences of China's judicial system.This paper introduces the definition of the implicit use of trademark keywords in bidding ranking and analyzes the views and opinions of the mainland district court on the use of trademark keywords in bidding ranking.The second part of the comparative analysis of the judicial situation in other regions.Based on the actual judicial situation in other regions,this paper introduces the relevant judicial experience in other regions by citing and analyzing the relevant case judgments of the European Union,the United States,and the Taiwan region.The third part analyzes whether the implicit use of trademark keywords in bidding rankings constitutes trademark infringement.From the point of view of trademark use and confusion possibility,the paper analyzes the implicit use of trademark keywords in bidding rankings,and considers that the implicit use of trademark keywords constitutes trademark use,but it does not have the possibility of confusion before sale and does not constitute trademark infringement.The fourth part analyzes whether the implicit use of trademark keywords in bidding ranking constitutes unfair competition.In 2017,the newly revised anti-unfair competition law Internet section provides new ideas for it.From the perspective of traffic hijacking,it is believed that the implicit use of trademark keywords is a typical traffic hijacking behavior and constitutes unfair competition.At the same time,the article analyzes whether the implicit use of trademark keywords before the modification of Internet special funds is applicable to the general provisions of the anti-unfair competition law,and believes that the implicit use of trademark keywords is a typical behavior of stealing other people's business opportunities,which violates the principle of honesty and credit and is generally recognized as commercial ethics.Constituting unfair competition.Finally,the conflict behind the use behavior is analyzed from the macroscopic perspective of the balance of interests.The fifth part is the conclusion.The paper concludes the paper and returns to the relevant cases.It is believed that the implicit use of trademark keywords in bidding ranking does not constitute trademark infringement,but constitutes unfair competition.