Enter the trademark name of your own brand in the search engine, click the search out of the page but there are competitors to join the advertisement, does it constitute trademark infringement?
Recently, Yueqing Court in Zhejiang Province heard a trademark infringement dispute, the defendant of an Anhui Internet information company's infringement made a first-instance judgment.
Review of the case
The plaintiff Yueqing City, A catering company for A fried chicken series trademark owner, opened a number of stores across the country.
In July 2021, the plaintiff discovered that the defendant in a search engine, will A trademark name owned by the plaintiff placed as a commercial promotion in the search page keyword，And in the search link title and promotional content under the titleThe name "A fried chicken" is used, but the content displayed after clicking on the website is an advertisement for B fried chicken that compets with the plaintiff in the same industry. After inquiry, the main body of the record of the website involved is the defendant An Hui network information company.
The plaintiff believes that the defendant set "A fried chicken" as the link title keyword to mislead the public and infringe its trademark exclusive right. On October 22, 2021, the plaintiff appealed to Yueqing Court, asking the defendant to compensate for economic losses Sixty thousand yuan.
The first instance judgement
Yueqing court after hearing that the "A fried chicken" registered trademark is legal and valid, should be protected by law, the defendant's behavior infringed the plaintiff's trademark right, because the plaintiff failed to provide evidence to prove the loss suffered by the defendant's infringement, so the defendant compensation to the plaintiff 15,000 yuan，And published a statement in the Rule of Law Daily within a month to eliminate the impact.
Mediation of second instance
The defendant refused to accept the judgment, and appealed on April 20, 2022, claiming that the amount of infringement determined by the original trial court was too high, that the plaintiff company had no evidence to prove that its business reputation had been affected, and that the elimination of the impact was inconsistent with the facts. After the case was mediated by the Wenzhou Intermediate People's Court, the two sides reached a mediation agreement, and the defendant paid the agreed amount.
Judge's message
When Internet users enter keywords into search engines, the purpose is to find information related to the keywords, and trademark keywords appear on the search results page, which can play a role in identifying the source of services for the relevant public. Such use behavior with the nature of trademarks should be punished Trademark Act
Operators in market competition should abide by the principle of good faith and abide by the recognized business ethics, and have to make proper use of others' business achievements to seek market trading opportunities. In addition, Internet users pay attention to be more discerning when browsing to avoid being cheated.
Source: Yueqing Court
Editor: Wang Wei Editor: Yang Dongbin
Source of material: three court of the people
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