网络交易平台服务商商标侵权问题研究——以ebay案no.10-300为例-research on trademark infringement of online trading platform service providers - taking ebay case no.10 - 300 as an example.docxVIP

AbstractIn recent years, online shopping has become a new shopping way which is very popular with young people. In this context, many shopping sites arises have emerged. On one hand, the new trading way brings consumer many convenience and benefit.On the other hand, they provide infringing place for the sale of counterfeit goods. At the same time, due to the virtual nature of the Internet, the trademark owner is very difficult in fighting against counterfeit goods. So the trademark owners often turn to the online trading platform service provider for the object of asking for compensation when it is difficult to find the real infringer. Looking at home and abroad, it has emerged from the requirements of the online trading platform service providers to take on the responsibility of trademark infringement cases in the judicial practice.No.100-300Tiffany Co. V eBay. Inc (hereinafter referred to as the eBay case) which is heared by The U.S. Circuit Court of Appeals is one of the classic case in trademark infringement. In this paper, we are studying on the four chapters:The first chapter is empirical analysis in trademark infringement of the network business platform service provider. This part briefly analyzes the basic situation of eBay case and the related problems reflected the case: the understanding for eBays the role orientation; whether eBays behaviour constitutes a trademark infringement; the judgement for subjective fault determination standards; Clear the obligation of network supervision in trademark infringement.The second chapter discusses the role orientation of the network trade platform services provider.At present theoretical circles think that there are three views of the seller or joint venture parties, intermediator, venue lessor for the role orientation of the online trading platform service providers. This part to eBay case as for example, this paper analyses the concept and operation mode of the network trade platform service, and discuss the role