키워드 광고 관련 판결 검토 -상표의 사용과 검색사이트의 책임을 중심으로-

Although trademark use keyword was not accepted as trademark use in many keyword advertising cases, it is thought that trademark use keyword should be included in trademark use, considering online environments. When searching the internet, search engines provide users with search results and advertisements. Because users tend to trust in big search engines, the users trust in search results from big search engines, too. Nevertheless, regarding keyword advertising cases, many courts decided that responsibilities for trademark uses as keywords did not lie with search engines. Namely, search engines enjoy the profits from keyword advertising systems, they are free from responsibilities for the legal issues regarding trade mark use. However, Cosmetic Warriors Ltd. and Lush Ltd. v. Amazon.co.uk Ltd. and Amazon EU is a notable case, in which the court decided that a search engine, Amazon was responsible for the legal problem related keyword advertising. In sum, users tend to trust in big search engines and users’ loyalty to big search engines leads them to repeatedly use the services of search engines. Therefore, big search engines like Amazon should share legal responsibilities for keyword advertising, considering the profits from keyword advertising and customer loyalty to search engines.