The Confusion Test in European Trade Mark Law

Hardcover | March 12, 2017

byIlanah Simon Fhima, Dev S. Gangjee

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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), theGeneral 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), bynational 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 alsodraws upon the legal position in the US to illuminate these issues.

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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), theGeneral Court, and national courts; and que...

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.

other books by Ilanah Simon Fhima

Format:HardcoverDimensions:344 pagesPublished:March 12, 2017Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199674337

ISBN - 13:9780199674336

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Table of Contents

1. Introduction: The Likelihood of Confusion2. Timing of Confusion3. The Relevant Consumer4. Similarity of Marks5. Similarity of Goods and Services6. Distinctiveness of the Marks7. Other Factors8. Non-Conventional Marks and the Likelihood of Confusion9. The nterplay of Confusion and the Defences