Research On Trademark Infringement In Keyword Advertising Of Search Engine Companies

In recent years,there are many disputes on the legal issues related to the trademark infringement of keyword advertising service in the theoretical and practical circles of our country,especially the infringement elements of the use of keyword advertising trademark,the identification of tort liability of search engine merchants and so on.Based on the argumentation of domestic and foreign jurisprudence,this paper systematically analyzes the dispute of trademark infringement of keyword advertising service,and puts forward some suggestions according to the actual situation of our country and drawing lessons from some foreign practical experience.The main body of the article is divided into three parts.the first part,comprehensively combing the whole case of trademark infringement of keyword advertising service,and typifying the basic situation of the case,which leads to the main dispute focus of trademark infringement of keyword advertising service.And the focus of the problem is summarized.The second part,based on the main line of the dispute focus extracted from the screening cases,combined with the current situation of Chinese and foreign judicature and theory,carries on the thorough analysis to the case and puts forward the viewpoint of the article.First of all,through the analysis of the domestic and foreign keyword advertising trademark infringement typical case trial basis,analysis of hidden trademark use mode involved in the infringement of the problem.Secondly,this paper analyzes the infringement identification of the behavior involved in the explicit trademark use mode of "keyword promotion link ",and focuses on the application of the initial interest confusion theory.Finally,this paper discusses the identification of trademark tort liability of search engine merchants.By distinguishing between direct infringement and indirect infringement,the best way to identify tort liability is obtained.The third part,on the basis of the analysis of the case judgment,summarizes and summarizes the common characteristics of the current trial process of such cases.In this regard,the following four suggestions are put forward:first,the reasonable application of the trademark reasonable use system;second,the clear identification criteria of confusion possibility,including the careful application of the initial interest confusion and the refinement of the identification criteria of confusion possibility;third,the improvement of the supplementary applicable rules of the Anti-unfair Competition Law;and fourth,the strengthening of the identification of tort liability of search engines,which is manifested in the effective use of the "notice-deletion" rule and the clarification of its indirect tort liability form and.It is expected to provide theoretical reference for the perfection of relevant legal system and the judicial trial of trademark infringement disputes in keyword advertising service.