The Average Consumer in Confusion-based Disputes in European Trademark Law and Similar Fictions
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Beschreibung
This book contends that, with regard to the likelihood of confusion standard, European trademark law applies the average consumer incoherently and inconsistently. To test this proposal, it presents an analysis of the horizontal and vertical level of harmonization of the average consumer. The horizontal part focuses on similar fictions in areas of law adjacent to European trademark law (and in economics), and the average consumer in unfair competition law. The vertical part focuses on European trademark law, represented mainly by EU trademark law, and the trademark laws of the UK, Sweden, Denmark and Norway. The book provides readers with a better understanding of key aspects of European trademark law (the average consumer applied as part of the likelihood of confusion standard) and combines relevant law and practices with theoretical content and other related areas of law (and economics). Accordingly, it is an asset for policymakers and practitioners, as well as general readers with aninterest in intellectual property law and theory.
This book contends that, with regard to the likelihood of confusion standard, European trademark law applies the average consumer incoherently and inconsistently. To test this proposal, it presents an analysis of the horizontal and vertical level of harmonization of the average consumer. The horizontal part focuses on similar fictions in areas of law adjacent to European trademark law (and in economics), and the average consumer in unfair competition law. The vertical part focuses on European trademark law, represented mainly by EU trademark law, and the trademark laws of the UK, Sweden, Denmark and Norway. The book provides readers with a better understanding of key aspects of European trademark law (the average consumer applied as part of the likelihood of confusion standard) and combines relevant law and practices with theoretical content and other related areas of law (and economics). Accordingly, it is an asset for policymakers and practitioners, as well as general readers with an interest in intellectual property law and theory.
Provides in depth coherent analysis of this essential factor in European Trademark Law - the average consumer as part of likelihood of confusion Includes multi-level legal analyses - International, EU and National (UK, Sweden, Denmark and Norway) Analyses theoretical aspects (e.g. in light of legal fiction theory) and legal aspects (e.g. in light of adjacent areas of law – the UCPD, EU design law and European patent law)
Autor*in
Rasmus Dalgaard Laustsen
Themen in »The Average Consumer in Confusion-based Disputes in European Trademark Law and Similar Fictions«
Legal fiction Likelihood of confusion Trademark policy Intellectual property law Copyright law Trademark legislation EU design law Scandinavian legal realism TRIPS Agreement UCPD Nice agreement Rational actor model