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Legal Issues Concerning Trademark Infringement in Meta-tag Usage

Author: LiaoChunYan
Tutor: WangHuHua
School: East China University of Political Science
Course: International Law
Keywords: Meta Tags Likelihood of confusion Trademark Dilution Trademark restrictions Initial interest confusion
CLC: D923.43
Type: Master's thesis
Year: 2008
Downloads: 172
Quote: 8
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Abstract

Trademark is a sign of the commodity, is the link between operators and consumers, the operators the means to maintain and enhance its market competitiveness. Internet by virtue of its powerful information retrieval and interconnection capacity, create opportunities for the spread of the trademark, but also to traditional trademark law created a problem, as it creates new ways and means of trademark infringement. Research Internet technology is one of the new means of involving trademark infringement, trademark infringement dispute page meta tags. The meta tags are placed on the website's source code in a software parameters, Web page authors to use it to describe the characteristic information and the main content of the page, and its text is not displayed on a web page, web surfers will not see it exists, only the search engine is able to read recognize it. Meta tags often search engine search results and arranged site order based on its website to the top search results, the number of pages of deliberately non-real description page content in its meta tags , including others trademark. A common abuse is operating in its meta tags will be competitors or peers in the industry is well-known trademarks Set page description or keyword, so that consumers on the Internet to enter the trademark as a search keyword search non-trademark owners may click on the forefront of the search results page link was attracted to the product on the page, which may result in a trademark infringement dispute. Judicial practice in many countries, there have been cases of trademark infringement caused by the meta tags, which also attracted the attention of national legal theorists. However, the judge in the meta tags buried whether someone else's trademark infringement is not a simple thing, traditional trademark legal system faces enormous challenges brought about by the emerging Internet technologies. Countries to develop advanced theories in order to cope with the meta tags of trademark infringement dispute, and its use in judicial practice, this will be the focus of analysis in this article. Similar disputes in China has not yet, but there are precedents triggered by the search engines and keywords technical trademark infringement disputes in China's judicial practice and judicial practice blank does not mean that there is no dispute, it does not mean there is no research and conservation necessary. The contrast found through the study of this new network infringement dispute of trademark infringement, a well-known trademark protection, trademark restrictions Antidilution defects and deficiencies. Established in response to the meta tags of trademark infringement dispute learn from foreign advanced theory and practice, to summarize our trademark legislation, practical experience and inadequate, to further improve the legal system of China's trademark protection, is the purpose of this writing. The body part of this paper is divided into four chapters, namely five thousand 32,000 words. Chapter a brief introduction to the definition and characteristics of the technology of the Internet search engines, meta tags, and leads to the associated meta tags disputes. The same time, in order to expand the legal analysis of the infringing nature of meta tags in more detail below, a rough introduction trademark law system in a network environment. This chapter is mainly an overview of definitions and background. The second chapter constitute the meta tags infringement theory and practice, according to the trademark law system, mainly from trademark infringement, trademark dilution two aspects of analysis. Leads to theory development, including the U.S. judicial practice \In addition, due to the Anti-Unfair Competition terms and conditions can be used as a fallback protection clause of the trademark infringement, in this chapter also made an overview. Chapter elaborate meta tags do not constitute trademark infringement defenses, mainly two aspects of trademark non-commercial use, and the rational use of the trademark. Among them, non-commercial use, including parody, news reporting and news commentary, dictionaries and other reference books used in three ways. Whether it constitutes the rational use of the trademark will have to analyze whether it would cause confusion among consumers, the good faith of the defendant or not the defendant's use of the trademark three factors. This chapter is also based on detailed case as the basis, and then deconstruct the theory. The fourth chapter is the present situation and perfection of the trademark legislation of meta tags. Related to trademark legal system in China to study and compare the gap between research and legal systems of other countries, that the legal norms related trademark legislation technically rough lines, lack of detail, operability is not strong, and there is considerable legislative gaps. These legislative gaps including not established legal norms corresponding well-known trademark anti-dilution protection norms, there is no clear trademark restrictions. These defects, the author put forward appropriate legislative proposals.

Legal Issues Concerning Trademark Infringement in Meta-tag Usage

Abstract

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