Baidu keyword search ranking again encounter disputes by enterprises additional prosecution

Many netizens look for the webpage that wants to browse, often turn to search engine website, enter keyword to search. Therefore, more and more businesses are also beginning to focus on the search results of keywords, I hope that their web links can be as far as possible by the front. In the "You Fight for me" process, it will inevitably produce some problems and even disputes, and finally went to court ...

Recently, the city's first Intermediate People's court hearing a trademark infringement dispute. Two companies because Baidu keyword search results ranking problem, in court.

Shortly after the trial ended, the plaintiff added Baidu to the second defendant. Yesterday, the morning paper reporter on the case of Baidu sued the investigation.

　Plaintiff Dissatisfied

spend more than 100,000 to promote, but the location was robbed

The trial, the plaintiff is a shoe art company in Chengdu, the company's chairman and lawyers are sitting in the plaintiff's seat. The defendant, a leather-care company in Chongqing, called Two lawyers.

The plaintiff company was founded in 1998, and registered the "Uncle Tom" brand, currently in the Chongqing area has more than 20 branches. The company's legal adviser, Mr. Duan told reporters, 2007, the company set up its own website, began to "Uncle Tom" brand to promote the network, including Baidu keyword promotion.

Mr. Duan said that the company initially used "Uncle Tom" as a key word, as long as the search on Baidu "Uncle Tom", the company's Web site links will appear in the first search results. He said that from the establishment of the website to do Baidu keyword promotion, at least more than 100,000 has been invested. "Indeed achieved a certain brand promotion effect." ”

In 2010, when the company wanted to "Uncle Tom Repair Shoes" for the keyword Baidu promotion, but was told that this keyword has been a bid by another company to be registered.

Mr. Duan said that at that time ranked Baidu keyword search results first, is "Uncle Tom repair shoes ——— A certain leather care chain," the words, click, link to the leather care chain of the website of the organization. The name of the chain is a brand of the defendant company.

"It is in the use of our popularity to recruit customers." Mr Duan believes that the defendant company is suspected of trademark infringement.

　　The defendant is not satisfied

The site has nothing to do with us, the plaintiff in the hype

"It could be hype. Mr. Wang, the defendant's company, seems to be helpless, and he is sure that the company will not use other people's brand to do promotion. Because the company has dozens of branches in Chongqing, the company's brand in the country is one of the first.

Mr. Wang told reporters that their leather care company also attaches great importance to network promotion, in Baidu search "Repair Shoes", "Leather care" and other keywords, the company's website can be ranked in the forefront of search results. "Our monthly network promotion fee is good tens of thousands of." ”

On Baidu search "Uncle Tom repair Shoes," why there will be related to the leather company site links, Mr. Wang himself is also very want to understand. Because two years after the company's network colleagues have left the office, he has not been very clear why such a situation occurred.

Two companies have consulted on many occasions, but have been fruitless. In the end, Uncle Tom's company decided to sue the leather care company in Chongqing. And interestingly, the court summons issued not long ago, the plaintiff company legal adviser Duan found that the original in the "Uncle Tom repair Shoes" Baidu keyword search results, ranked first site link suddenly disappeared.

However, the "Uncle Tom" Company decided not to withdraw the charges. "Because the keyword-triggered trademark infringement disputes are relatively rare, we also hope that the law can give a statement." ”

　Both sides do not let

The plaintiff then took measures to sue Baidu

At the trial, two of the defendants ' lawyers insisted that the site, which ranked first in search results, had nothing to do with the defendants. The defendant's lawyer said the site's domain name was not the site of the defendant's company.

For the plaintiff to stop the infringement, apology, and compensation for 200,000 yuan of the lawsuit request, the defendant believes that the subject of these responsibilities is not himself.

Because of the moment can not find out "Uncle Tom Shoe Repair" incident is who, the plaintiff in the trial site to add Baidu Company for the defendant's application. The defendant company and Baidu Company "lock" together, in order to ascertain the facts.

A few days after the trial, the court agreed with the plaintiff to add Baidu Company as the second defendant. And the day of the trial reopened.

Both the original and the accused reacted differently. "Baidu as a network service operator, we also want to know whether it should be responsible." "Mr. Duan said. Mr. Wang, the head of the defendant company, said the question of whether keyword searches constituted infringement was still to be discussed. This edition/Chongqing Morning News reporter Liubo intern Wang Zihan

　News depth >

Search rankings for Web sites

who's going to decide

Through the search engine operators to bid rankings, you can let the site in search of relevant keywords, ranking in front. Web site can also through the SEO (Network engine optimization) company for network marketing, by increasing the number of specific keywords in the network exposure, thereby increasing the relevant sites in the network search visibility.

There is also an alternative model that is often seen in the mobile app market. When users search for applications with the same functionality, the mobile app market defaults to the high quality of the products, allowing many application developers to achieve the goal of using the Navy to win web search rankings.

　　Lawyer's Statement >

Search Engine service provider

or should be held responsible

Some lawyers believe that the network keywords caused by legal disputes constitute trademark infringement, still need to depend on the specific circumstances, there are many relevant jurisprudence, but the specific legal provisions are still not much.

Many lawyers believe that the network keywords caused by disputes, provide search services operators should bear the relevant responsibilities. April 2005, by the State Copyright Administration, the Ministry of Information Industry issued the "Internet Copyright administrative Protection measures" pointed out that the network service providers should be possible to cause infringement of the act in a timely manner to eliminate knowingly.

In recent years, the dispute over keyword search in our country has been rising year by year. Some lawyers also suggest that businesses that need network promotion services should try to avoid using words similar to competitors ' trademarks, and search and popularize them as keywords to reduce unnecessary disputes.