The Judgment Of The Trademark Infringement About Keywords Advertisers

Keywords advertising as a new kind of Internet advertising forms, is widely usedbecause of the search engine technology in network. But the emerging networkadvertising model also sparked much about the trademark infringement problems. Atrademark infringement must meet two basic elements: first, use of the trademark.Second, the likelihood of confusion. Keywords advertising case in the United Statesand China’s different the verdict showed the presence the two elements of judgmentdifferences, the problem is the most basic elements in this court of law is not clear,therefore, the question of Judgment of keywords advertisers’ behavior and thelegislation in China state should be further discussed.From the practice of our country, it seems, in court network advertisement trademarkinfringement cases trial, not a reasonable reference standards, that is, the court of netads use a third party of trademark or trade phrases behavior can’t reasonablyqualitative, and this caused by the responsibility also have no a clear judgmentstandard. Keyword advertising for trademark infringement behavior afteranalysis,whether we can get a reasonable determination standards, is key problems ofthis paper. On the one hand since the United States court of net ads especiallykeyword advertising judicial development course is a world leading position, on theother hand in view of keyword advertising is a kind of application in all over the world of advertising way, to this AD trademark infringement behavior and theresulting to trademark, who brought the consequences and social influence trademarkinfringement worldwide are almost the same. This paper makes analysis of the UnitedStates and keyword advertising trademark infringement of related case, summarizesthe court for advertisers in advertising use a third party of trademark keywordsbehavior standards and reference of various factors, so as to solve the problem incourt to provide relevant reference.This paper is divided into four chapters, the first chapter analyzes the characteristicsand the behavior of the keywords advertisers. And this paper put forward the questionof the study; The second chapter of American keywords trademark infringement caseand advertisers related legal basis on detailed analysis, found that if advertisersbehavior is constitute trademark infringement, the US court need to consider thebehavior of two stages, trademark as a search engine to the stage production ofadvertising and keywords of the text of the phase, and the two stages whether meetthe use of the trademark and likelihood confusion comprehensive judgments, as wellas to the reasonable use ruled out only after that keyword advertising advertisersbehavior is a trademark infringement; The third chapter in court for trial combed thekeyword advertising trademark infringement cases of legal basis, and analyzes ourcountry to involve keyword advertising trademark infringement disputes of the twotypical cases, which found that our country’s legislation and judicial practice of theexisting disadvantages; The fourth chapter for the shortage, for our country keywordadvertising trademark infringement law applies to put forward the legislativeSuggestions, including the use of trademarks in China in the trademark law of thedefinition of relevant Suggestions and whether we can bring’Initial interest confusion’theory into our country, this paper put forward the reasonable point of view.