2026-04-08
In March 2026, attorneys Chen Haohui and Wang Chengen of the Fengxian Team secured a favorable ruling in a trademark infringement and unfair competition dispute. The court explicitly held that the defendant’s act of conspicuously displaying the plaintiff’s registered trademark as a search engine keyword constitutes trademark infringement, rather than merely unfair competition.
In this case, the defendant used the plaintiff’s trademarked terms in paid search ads. The search results displayed links bearing the plaintiff’s trademark, but users who clicked through were redirected to the defendant’s own platform—creating a substantial likelihood of public confusion.
In response to the defendant’s arguments that such use was not “trademark use,” the Fengxian Team, through meticulous factual presentation and precise legal strategy, successfully obtained the following findings from the court:
Conspicuous use of another’s trademark as a search keyword constitutes trademark use and is likely to cause confusion as to the source of services or suggest an improper affiliation;
The controlling shareholder, having failed to prove financial independence from the company, shall bear joint and several liability;
The defendant is ordered to cease the infringing acts and pay compensatory damages and reasonable expenses.
This ruling establishes an important legal rule for emerging, internet-based trademark infringement cases and serves as a clear warning for keyword compliance in online (paid search) advertising.
