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 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 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.
Rezensionen / Stimmen
Fhima and Gangjee ... fulfil[ing] a pressing need for scholarship focusing on trade mark law's notion of confusion. Over the course of 278 pages they ... systematically explore all aspects of the concept in relation to trade mark registrability and infringement. The book thus provides authoritative analysis of a fundamental part of the legal doctrine in this field. ... I highly recommend it as essential reading for trade mark scholars. * Luke McDonagh, Queen Mary Journal of Intellectual Property * The book is beautifully presented. It includes a great number of images that assist in the ease of understanding as well as, of course, making it a far more interesting endeavour. Whilst rigorous in its examination, it is written with an elegance that is rarely found in such exhaustive texts, making it a pleasure to read! ... It is no wonder that it was voted IPKAT Best Book on Trade Mark Law 2019! It is an admirable body of work and a valuable contribution to trade mark literature and law. * Dr Hayleigh Bosher, IPKAT * The confusion test is a focal point, or should one say central difficulty, in European trade mark law. Unravelling it over 250 pages is a major contribution, as is the successful collation and organisation of a massive case law often lacking structure or analytical coherence. This monograph is, in other words, essential reading for all those who work in this field and it deserves a prominent place on our bookshelves. * Professor Paul Torremans, Modern Law Review * The Confusion Test in European Trade Mark Law constitutes an excellent authority on the likelihood of confusion analysis in the EU, and has something to offer to everyone interested in this particular field. * Desiree Fields, DLA Piper UK LLP, The Trademark Reporter * This well-researched and well-written book is a must-have for the serious trade mark practitioner. The writing is engaging and succinct. The headings are clear and it easy to find the cases to help build an argument for or against likelihood of confusion. I can't ecommend it enough (that is unless you're in a case against me, in which case its really not worth buying at all). * Roland Mallinson, Partner and Head of UK Brand Management, Taylor Wessing LLP, Marques Class 46 Blog * In sum, The Confusion Test in European Trade Mark Law is a work that - also because of its conciseness, clarity of exposition and case law-based approach - makes a pivotal contribution to the understanding, not just of European trade mark law, but also European IP law more generally. * Eleonora Rosati, Journal of Intellectual Property Law & Practice * I have read this book with enormous gratitude to the authors. This work is a much needed, clear, concise, and insightful account of a complex area of trade mark law, presented engagingly with critical analyses, ample case law and illustrations throughout. A brilliant contribution to scholarship on the subject. * Dr Catherine Ng, University of Aberdeen * This is an important study that provides a detailed account of the test for confusion in European trade mark law. The long experience of the authors in thinking and writing about trade mark law shines through in every chapter and the result is a sophisticated account of the state of the law that is theoretically informed as well as comprehensive in its coverage. * Robert Burrell, Professor of Intellectual Property & Information Technology Law, University of Oxford and Professor of Law, Melbourne Law School *
Sprache
Verlagsort
Zielgruppe
Für höhere Schule und Studium
Für Beruf und Forschung
Produkt-Hinweis
Fadenheftung
Gewebe-Einband
Maße
Höhe: 251 mm
Breite: 177 mm
Dicke: 27 mm
Gewicht
ISBN-13
978-0-19-967433-6 (9780199674336)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Ilanah Fhima is Reader in Intellectual Property Law and Co-director of the Institute of Brand and Innovation Law, Faculty of Laws, University College London.
Dev Gangjee is Professor of Intellectual Property Law, Faculty of Law, University of Oxford.
Autor*in
ReaderSenior Lecturer, University College London
ProfessorSenior Lecturer, London School of Economics
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
