"Answers to Reading Cases" —— Does the name of competitors set search keywords for business promotion constitute infringement?

This is the first law named after the founding of New China. This is a category known as the "encyclopedia of social life". The civil code involves all aspects of social life, running through you and me. On the occasion of the second anniversary of the promulgation of the Civil Code, the Supreme People's Court News Bureau specially launched a column of the "Answers to the Cases of Reading the Code", inviting Li Xiuping, He Hongmei, Cui Zhigang, and Zhang Zhonglu of the Central Radio and Television Circies to lead the Code of the Code of the Code of the Code, and Summarizing the implementation of typical cases of civil law, a typical case of civil law, and also designed a number of civil code knowledge and answers, let us learn the codes, read cases, and answer questions.

Episode 91

Zhang Zhonglu, the host of the Central Radio and Television Station

Use competitors names to set search keywords

Commercial promotion constitutes the right to infringe the name

——The online bidding ranking violations of the name right case

Brief case

A tiger company is a search engine operator and has a search advertising business. Company A purchased the above services to promote the company, and used the name of the "Company B" of the same industry to use the name of the "Company B" of the same industry within 3 years to conduct business promotion to Company A. The search engine search for the keywords of Company B. The result of the two entries in front of the page pointed to Company A, but the official website of Company B was relatively backward. Company B believes that when Company A was promoted on the Internet, it used the name of Company B to conduct customer drainage without authorization to violate its name right. A tiger company knew that the above behavior constituted infringement and still helped. Infringement, apology, eliminate the impact and compensation for 300,000 yuan.

Referee result

The Guangzhou Internet Court heard that in accordance with the provisions of Article 103 and Article 104 of the Civil Code, legal persons and illegal organizations enjoy the right to name. Eliminate its name right. As a company with a certain reputation, Company B has a certain economic value. Company A's unauthorized use of Company B for marketing will inevitably cause economic losses and infringe on its name. As a search engine operator involved in the case, a tiger company conducts paid advertising business to the outside world. Its review obligations for the setting of Company A's keywords should be higher than ordinary network service providers. Because a tiger company did not correctly fulfill its review obligations, it objectively provided help to the infringement of the case and constitute a common infringement. Then he judged that the company A and a tiger company had a written apology, clarifying the facts, eliminating the impact, and compensation for 65,000 yuan.

Typical meaning

The right to name is an important identifier for enterprises to engage in commercial activities, and has gradually become the core asset of the enterprise. Based on the new track of the digital economy development, this case is protected by revealing the business logic of the bidding advertising, which is clear that the name of the corporate name of others' legally registered is protected. At the same time, this case also determined the review obligations of network service providers, urging them to use the technical advantages to substantially review the ownership of the keywords of the "bidding ranking", etc., and regulate the industry's competitive order of restricting trademark infringement, improper competition behavior, and regulating the industry competition order in the industry. , Building a healthy brand economy has a positive effect.

Source: Supreme People's Court

Author: Bai Rong 丨 Editor: Jiao Ziyi

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