Abstract:

With the rapid development of network, trademark infringement has taken new forms Some network operators use others’ trademarks, especially well-known trademarks as metatag to confuse consumers in order to gain unjustified benefit This is the trademark infringement in search engine which this article researches Through analyzing significance of this kind of trademark infringement, earlier confusion, actor’s purpose and dilution of well-known trademark, this article tries to demonstrate consumers’ confusion caused by the new kind of infringement China’s trademark law can use the advanced theory of anti-dilution law of US, EU, Taiwan and other regions as reference In order to better protect the legitimate trademark owners and consumers’ interests, the author gives some suggestions Firstly, earlier confusion and trademark dilution theory should be added to trademark law and the system of rational use should be built; secondly, certain restrictions on search engine companies should be made through legislation Thirdly, the principle of presumption of fault should be applied in the criteria of responsibility judgment

Key words: search engine, metatag, trademark infringement, trademark right protection