키워드광고에서 상표의 사용에 관한 검토 - Comphy Co. v. Amazon.com, Inc. 사건판결을 중심으로 -

Internet search sites attract users or consumers, using keywords and provide not only search results, but also advertisements in which the intentions of the search sites are intervened. Even if trademark owners do not agree with using their trademarks as keywords, the trademark keywords are used on the search sites, and advertisements which are not related to the trademarks or even advertisements from competitors are exposed as search results. The search sites and the advertisers get the commercial benefits from keyword advertising. Although the claims of trademark owners alleging trademark infringement were hardly accepted in the cases regarding use of trademarks as keywords, trademark infringement or trademark use waw acknowledged in some recent cases. However in the most recent decision, the trademark owner's claim to stop using his trademark as keywords was not accepted. The article reviews relatively recent decisions regarding use of trademarks as keywords, focusing on the decision in the case of Comphy Co. v. Amazon.com, Inc. comparing with the decisions in the cases of Comphy Co. v. Amazon.com, Inc., Cosmetic Warriors Ltd. and Lush Ltd. v. Amazon.co.uk Ltd. and Amazon EU, and Rescuecom vs Google, etc.. The courts considered that if advertisements were advertised on large-scale sites like Amazon, the awareness of Amazon recognized by consumers or users was sufficient grounds for users to believe that the advertisement of Amazon was true. The courts’ view is that the search site is also responsible, if the search site advertisement misrepresents the user. In the case of Comphy Co. v. Amazon.com, Inc. the plaintiff's claim is rejected and the scope of trademark use is reduced, thereby reducing the responsibility of the search site, Amazon. The article reviews the reasons for judgement in the recent cases showing somewhat contradictory views on whether or not the use of trademarks as keywords corresponds to the use of trademarks.