Research On Trademark Infringement Of Keyword Search Service Provider

It is very common for commodity operators or service providers to purchase registered trademarks of competitors as their own promotion Keywords.Such behaviors are called keyword search or competitive ranking.This paper first introduces the legal nature of keyword search service,and considers that keyword search service belongs to advertisement in essence.Secondly,from the question of whether the keyword search service provider constitutes trademark infringement and what kind of law should be applied to regulate the behavior,combined with the analysis of domestic and foreign cases,the author thinks that there are different judgment ideas about the trademark infringement of keyword search service provider at home and abroad.Thirdly,in the judgment standard of trademark infringement of keyword search service provider,we should analyze whether the behavior of search service provider constitutes trademark use and whether it is easy to cause relevant public confusion.Finally,the paper expounds the elements of trademark infringement liability of keyword search service providers,mainly focusing on the judgment criteria and factors of duty of care,as well as the applicability of safe harbor rules in the network trademark infringement liability,so as to clarify the boundaries of trademark infringement liability for keyword search service providers.