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The Legal Issues of Trademark Infringement about Search Engine Advertising

Author: XiaJian
Tutor: CaiQingHui
School: Xiamen University
Course: Legal
Keywords: search engine advertisement trademark infringement
CLC: D923.43
Type: Master's thesis
Year: 2009
Downloads: 412
Quote: 9
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Abstract


At the early nineties over the last century,the network advertisement appeared, and high speed development.Then the search engine advertisement suddenly coming to the force like the black horse in 21 centuries,drawing on numerous visions of company’s houses for short several years,and it becoming companies "cornucopia" that provide search an engine advertisement like Google.As the same time,the vehemence of search an engine advertisement medium market contest also cause many controversies or not in whether use trademark keyword results in the advertisement is trademark infringement.The trademark owner across so many countries in recent years to Google’s searched engine advertisement to bring up an infringement to tell." Personal or whether company has power to used for well-known trademark in its network advertisement or not,with this increment oneself merchandise or serve in the popularity in the network?"," Purchase or sell whether the behavior of trademark key word should be subjected to the control of trademark method or not?"...The traditional trademark law faces the network new problem.This text tries to take traditional trademark law as a frame,combine the new theories concerning network trademark lawmaking and to analyze this problem.This paper includes three chapters besides the preface and conclusion.Chapter 1 carries on generalizing introduction towards search engine advertisement by Google mode.The rise advertised from the network starts to talk about,involve to search engine advertisement’s operation and pay a way through and its development foreground.Chapter 2 carries on analysis towards the trademark infringement problem that the search engine advertisement cause.First with trademark lawmaking purpose for the basic point,carry on comb to some basic trademark law problems with study; again analyze the new topic that the infringement problem of the network trademark put forward.Pass to point out to that argue of problem to the court,scholar,should carry on appropriate control towards the trademark infringement of the search engine advertisement’s problem.Chapter 3 specially aims at our country and point out the present condition of the search engine advertisement market and then carry on a synopsis generalize to related infringement case to currently,point out that our country’s currently network trademark infringement lawmaking has some shortage,and put forward suggestion. Hoping the network advertisement market of our country will be prosperity,stabilize and well-ordered.

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CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights > Trademark law
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