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The Research On The Trademarks Infrigement Of Search-engine ‘Sponsored Links'

Posted on:2017-10-24Degree:MasterType:Thesis
Country:ChinaCandidate:Y H LuoFull Text:PDF
GTID:2416330596490957Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the rapid development of this society,sponsored links is a major means of search-engine to get more effective information,and it`s also the most potential business for the information era.The consumers often choose the products` generic names,purposes and the well-known trademark in their industries as the keywords when they search on the Internet.So advertisers always select the keywords with higher using frequency for the keyword advertisement,and the registered trademarks naturally become the first selection.However,this behavior is likely to trigger the trademark infringement under the Internet environment.This paper`s main body constitutes by 3 parts:The first part mainly introduces the development history,principles and characteristics of sponsored links and its essential attributes.The second part introduces the typical case of sponsored links both in China and abroad,and focuses on the main issues between plaintiff and defendant when they bring lawsuit.Then summarizes two major differences: whether it constitutes trademark use;and whether there exists likelihood of confusion.The third part is the analysis of trademark infringement liability under sponsored links.This is the core of this paper.First of all,it briefly introduces the legal system of China's trademark law and explains the purpose of legislations and trademarks.Then it focuses on two issues from the second part,and discusses whether it constitutes trademark infringement under the trademark legal system.Besides,it introduces the initial interest confusion theory from Lanham Act.Finally,the paper discusses search engine service provider's responsibility under the network environment.At last,the purpose of writing this paper is to provide some experience for the judicial practice on Internet keyword advertisement in the future.
Keywords/Search Tags:sponsored links, trademark use, likelihood of confusion, initial interest confusion, contributory infringement
PDF Full Text Request
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