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Research On Trademark Infringement Identification Of Service Providers In Search Engine Bidding Ranking

Posted on:2020-10-26Degree:MasterType:Thesis
Country:ChinaCandidate:Y H XuFull Text:PDF
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The continuous development of Internet technology makes people more and more rely on the Internet to search for the information they need,among which the search engine is an indispensable tool for screening massive information,and its important value is constantly highlighted.In this context,many enterprises began to pay attention to the existence of search engine advertising value,bidding ranking service came into being.Due to the good advertising effect of bidding ranking service,compared with the traditional way of publicity to reduce the cost,the use of bidding ranking service is increasing,which has caused some trademark infringement disputes.Bidding business owners in setting their own network link title,description and related keywords,often used in the industry search frequency of hot words,and this hot word often has been registered as a trademark,which will involve the infringement of the rights and interests of trademark owners.As the symbol of a brand,trademark is the basis for consumers to distinguish different enterprises.The particularity of network environment makes it more difficult for trademark owners to protect their trademarks.In 2016,"wei zexi" incident exposed,let the academic circle once again on bidding ranking in the possible legal issues dispute,and the public also began to wonder whether search engine providers as platform providers in these cases should also bear trademark infringement liability.This paper discusses whether search engine providers need to bear trademark infringement liability to provide bidding ranking services,and specifically analyzes the identification of trademark infringement by search engine providers in similar cases,in order to protect the good economic order of the Internet.Firstly,from the perspective of comparative law,this paper analyzes the controversial points in the identification of trademark infringement of search engines in such cases at home and abroad.When the United States determines the trademark infringement of search engine vendors,it generally adopts two conditions: "trademark use" and "whether it causes confusion";The European court of justice takes "Google" case as the standard and starts to adopt the idea of determining the orientation of the subject by specific behavior.In 2006,the first trademark infringement case against a search engine vendor occurred in China,and the "green island wind" case and "Volkswagen moving market" case provided a good reference perspective for China to explore the identification rules of this type of case.However,there are differences in the trial results and trial paths of similar cases.This paper analyzes the cases and studies the controversial points that lead to different trial results.Then,based on the analysis and identification of several key elements of disputes in the above specific judicial practice,the working principle and nature of bidding ranking are clarified,and the two basic elements of direct trademark infringement are clarified.Finally,in view of the search engine of trademark infringement from two aspects of direct infringement and indirect infringement analysis,the author first obtains from the article 57 of the trademark law,analyzing the behavior of the search engine,not "use of trademark",nor because its sales key parlour consumer confusion,therefore does not constitute a trademark infringement directly.Then,with reference to the "hui yu" case,this paper analyzes the elements of indirect infringement of search engine business and the specific identification of duty of care.
Keywords/Search Tags:bidding ranking, trademark use, Likelihood of confusion, duty of care, trademark indirect infringement
PDF Full Text Request
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