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The Average Consumer in Confusion-based Disputes in European Trademark Law and Similar Fictions

The Average Consumer in Confusion-based Disputes in European Trademark Law and Similar Fictions

Author: Rasmus Dalgaard Laustsen
Publisher: Springer-Verlag
ISBN: 9783030263492
Published In: December 2019
Format: Hardback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only

AU$239.20

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Description
Contents

Details

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.

Foreword

Part 1: The Average Consumer - A Consumer Fiction in European Trademark Law

Chapter 1: Background

Chapter 2: Methodology

Chapter 3: Legal Sources

Chapter 4: The dynamics of the European Trademark Law

Part 2: Horizontal Analysis: One Among Other Fictions and the UCPD Consumer Models

Chapter 6: The average Consumer and its more or less distant cousins

Chapter 7: The UCPD and trademark versions - two of a kind?

Part 3: Vertical Analysis: The Judicial Background and European Trademark Law

Chapter 8: The early beginnings pre Sabel

Chapter 9: Likelihood of confusion - legislative harmonisation?