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Confusion Test in European Trade Mark Law

Confusion Test in European Trade Mark Law

作者： Ilanah Simon Fhima; Dev Gangjee
出版商： Oxford University Press
ISBN: 9780199674336
出版时间 October 2019
规格： Hardback , 344 pages
适应领域： European Union ? 免责申明：
Countri(es) stated herein are used as reference only

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- The only work to focus on trade mark confusion and systematically examine all aspects of in relation to issues of trade mark registrability and infringement
- A timely and up-to-date discussion of this fundamental legal doctrine, following a significant number of CJEU and GC judgements in this area.
- Analyses topical issues in trade mark law which involve likelihood of confusion, such as use on the internet, initial interest confusion and post-sale confusion.
- Valuable comparative perspective on the law and practice of the UK, EU, and United States.
Historically, likelihood of confusion has been the core infringement test for trade mark law, and it remains the most frequently applied test in infringement actions by far. However, there are noticeable differences in how it is applied by the Court of Justice of the European Union (CJEU), the General Court, and national courts; and questionable outcomes when it is applied in novel situations.

This book is the first comprehensive and systematic account of the confusion test within the harmonised European trade mark system. It considers how the test is applied by national trade mark registries across EU member states, by the Office of Harmonisation for the Internal Market (OHIM), by national courts, and by the CJEU. It offers practical guidance, while also evaluating the viability of more recent developments such as initial-interest confusion, post-sale confusion and consumer responses to uses of trade marks on the internet.

The book analyses three distinct strata of legal doctrine: the decisions of the CJEU, including the General Court; the extensive body of decisions by OHIM; and the application of harmonised trade mark law by courts of member states, focusing on leading decisions as well as wayward ones. It also draws upon the legal position in the US to illuminate these issues.
1: Introduction: The Likelihood of Confusion
2: Timing of confusion
3: The relevant consumer
4: Similarity of marks
5: Similarity of goods and services
6: Distinctiveness of the marks
7: Other factors
8: Non-Conventional Marks and the Likelihood of Confusion
9: The interplay of confusion and the defences
Ilanah Simon Fhima is Lecturer in Law and Co-director of the Institute of Brand and Innovation Law at University College London.

Dev Gangjee, BA LLB is Lecturer in Law at the London School of Economics.

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