전자상거래 플랫폼에서 저명상표를 이용한 광고와 부정경쟁 행위에 관한 고찰

Keyword advertisements used generally in e-commerce platforms have a double-sided function. While there are aspects for fair competition and consumer interests, they can limit Consumer autonomy and cause anti-competition. The points of trademark law in Keyword advertisements are whether Keyword advertisements are involved with trademark use in commerce and in unfair competition law. The issue is whether Keyword advertisement is a misappropriation of other’s achievement or not. Prior to that conclusion, however, we must recognize that an advertiser in relation to the keyword of famous mark uses the trademark and not an online service provider or platform that provides keyword advertisements services. The service providers can only take limited responsibilities in special circumstances. In this situation that the keyword advertisement is established in the general form, if Keyword advertisement with famous mark is restricted for the protection of the owner of that mark, consumer autonomy and the freedom of information should be limited. In addition, the search cost of consumers will increase and the business of new market entrants will shrink. The important thing is that consumers should see and securely obtain accurate product information by keyword advertisement to avoid a confusion.