The Confusion Test in European Trade Mark Law Ilanah Fhima 1st Edition

The Confusion Test in European Trade Mark Law 1st Edition – Ebook Instant Download/Delivery ISBN(s): 9780199674336,0199674337,9780191656071, 0191656070

Product details:

• ISBN-10 ‏ : ‎ 0199674337
• ISBN-13 ‏ : ‎ 978-0199674336
• Author:  Ilanah Fhima, Dev S. Gangjee

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 harmonized European trade mark system. It considers how the test is applied by national trade mark registries across EU member states, by the European Union Intellectual Property Office (EUIPO), 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 EUIPO; and the application of harmonized 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.

Table of contents:

1. Introduction: The Likelihood of Confusion
2. Similarity of Marks
3. Composite Marks
4. Similarity of Goods
5. Distinctiveness of the Marks
6. Assessing Likelihood of Confusion
7. The Timing of Confusion
8. Non-Traditional Marks and the Likelihood of Confusion

People also search: