Research On Trademark Infringement Judgment Of Search Engine Service Providers In Keyword Advertisements

Keyword advertising is a service that search engine service providers use search technology to match customers’ web links with certain keywords to improve the ranking of web links.Specifically,the search engine service provider signs a contract with the customer,and the customer sets keywords by themselves,and then the search engine service provider charges a certain service fee.The higher the fee submitted by the customer,the higher the ranking of the customer website and promotion information linked by the keyword The higher the position,the higher the website link will attract more Internet users to browse and place orders.Because keyword advertising services have the characteristics of low threshold and quick results,countless small and mediumsized enterprises have joined this bidding ranking game.To quickly expand their popularity,keyword advertisers often set well-known products or services trademarks in the same field as keywords,and search engine service providers are negligent in management,which can easily lead to misleading users and trademark infringements of similar businesses.The phenomenon of bad money driving out good money in the industry has brought serious challenges to the order of the Internet market in my country.Due to the complexity and concealment of online infringement,it is difficult for trademark owners to seek relief from keyword advertisers who infringe on trademark rights,and they often choose search engine service providers that provide keyword advertising services.In practice,the courts have great disagreements on whether search engine service providers should bear infringement liability.In the courts that also found infringements,there are also differences in the legal status of search engine service providers,the duty of care of search engine service providers,and the mode of adjudication.Different understandings have given rise to a variety of judgment standards and trial results in judicial practice.This article analyzes the domestic and international cases in related fields,and discusses the above issues based on the existing trademark law and civil law theory,and puts forward some feasible suggestions,hoping to develop the keyword advertising industry in our country Contribute to the regulation and control.This article first briefly introduces the basic working principles and characteristics of keyword advertising and the promotion process in practice.Secondly,statistics on the trial of relevant cases in the field of keyword advertising in my country in recent years,classification and examination of the problems in the trademark infringement cases of search engine service providers in keyword advertising: the first problem is that the identification of search engine service providers is not clear,and the second problem It is the unclear definition of the duty of care of search engine service providers.The third problem is that search engine service providers’ infringement judgment models are not uniform.Then it introduces the hearing of cases in the field of keyword advertising in the United States and the European Union and draws on the legislation and judicial experience that is beneficial to our country.Finally,from the perspectives of clarifying the legal status of search engine service providers,defining the duty of care of search engine service providers,and adopting the indirect infringement judgment model based on direct infringement,reasonable suggestions are proposed to improve the trademark infringement judgment of search engine service providers in keyword advertisements.