WIPO Paper on
tradmarks and the internet
The WIPO published a 62 pages long paper
"Trademarks and the Internet". Part of it deals with the
liability of search engines for
the sale of trademarks as keywords, in particular with cases in the
USA (Nr. 19), the EU (Nr. 20), the United Kingdom (Nr. 29), India
(Nr. 30), Israel (Nr. 32), Argentina (Nr. 33) and Australia (Nr.
35). As for the legality of keyword advertising in China e.g. (Nr.
31), the report says:
"In China, two
keyword advertising lawsuits, one initiated against Google China,
the other against Baidu, have yielded different outcomes. In Google
v Guangdong Ganyi Electrical Appliance Co Ltd, the plaintiff’s
registered trademark NEDFON was sold by Google as a keyword to a
competitor. The Court ruled that the competitor in question had
committed trademark infringement. However, Google itself was not
held jointly liable for trademark infringement. The Court determined
that, although use of a keyword to trigger sponsored links was a
form of advertising, Google neither had the ability to check or
control the information submitted by the competitor, nor did it have
an obligation to examine the legality of that information.
The Google case can
be contrasted to the case of Baidu v Shanghai Dazhong House-moving
Logistics Co Ltd. Baidu’s bid ranking service allowed Dazhong’s
competitors to link their websites to the keywords “Dazhong Banchang”.
Here, the Court ordered Baidu to pay compensation to Dazhong."