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The judge said | : Using another person's trademark as a keyword in search results constitutes trademark infringement
Release Time：
2022-07-25
Judge's statement
Whether the relevant words of others' trademarks are used as search keywords constitutes trademark infringement requires comprehensive consideration of factors such as the significance, popularity, attention degree of the relevant public, actual evidence of confusion, actual use of the accused infringing marks, and whether there is improper intent. To determine whether the relevant public will be confused about the source of the goods or services indicated by the alleged infringing mark.
According to the provisions of Article 48 of the Trademark Law, the use of trademarks includes the use of trademarks on commodities, commodity packaging or containers and commodity transaction documents, or the use of trademarks in advertising, exhibitions and other commercial activities to identify the source of goods or services.
It can be seen that whether it is a trademark use act, the key is to judge whether the accused infringing mark can play the role of identifying the source of goods or services.
In this case, the keyword of the trademark involved appears on the search results page, which can play a role in identifying the source of the service for the relevant public. Such use behavior with the nature of the trademark should be regulated by the trademark law.
In addition, both parties are practitioners in the restaurant industry and overlap in their business scope. When potential customers of the plaintiff search for the trademarks involved on the Internet or are introduced to the defendant's website, they are confused, resulting in losses for the plaintiff.
It should be noted that if the trademark keywords involved in the case are only used for background Settings and do not appear on the search results page, even if they are presented in the priority position of the search results page by the promotion website, for the relevant public, the trademark does not play the function of identifying the source of goods or services, the above behavior is not a trademark use act and does not constitute trademark infringement.
Source: Huiquan Consulting
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