SHOULD SERRGH NGINES BEGIN TO WORRY?

摘要

To conclude, the legal framework composed of special and general rules of civil liability aimed at regulating the behavior of on-line intermediaries such as providers of sponsored links is not clearly set yet, be it in the US or in Europe. Some doubts remain as regards the content of the duties imposed upon this category of intermediaries. Solving the problem of the ground for liability does not suffice to precisely delineate the legal regime under which the main actors of cyberspace can act.rnThis said, in both legal systems when the first use is at issue, meaning "when [the provider] allows advertisers to select the keywords (...), so that ads for their sites are presented as results for searches involving those keywords," it seems that at a minimum the provider is asked to terminate trademark infringements upon notice.rnMoreover, when the second use is also at issue, meaning "when [the provider] displays such ads, alongside the natural results displayed in response to those keywords," the provider may be treated more strictly than when the first use is at issue, as long as maybe it does not take the initiative of suggesting unlawful uses of keywords.rnIn any case even if the behavior of the provider is deemed to be infringing or more simply is considered to be wrongful, the main issue is that of determining the exact contours of the obligations imposed upon it. Is it sufficient to improve the presentation of sponsored links or is it necessary to take precautionary measures to prevent advertisers' unlawful acts such as prohibiting the use of certain keywords?