The Confusion Test in European Trade Mark Law

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Ilanah Fhima (Reader, Senior Lecturer, University College London) Dev S. Gangjee (Professor, Senior Lecturer, London School of Economics)

The Confusion Test in European Trade Mark Law

Ilanah Fhima (Reader, Senior Lecturer, University College London), Dev S. Gangjee (Professor, Senior Lecturer, London School of Economics)

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English

Oxford University Press
13 April 2016

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.

By: Ilanah Fhima (Reader Senior Lecturer University College London), Dev S. Gangjee (Professor, Senior Lecturer, London School of Economics)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 251mm, Width: 178mm, Spine: 25mm
Weight: 716g
ISBN: 9780199674336
ISBN 10: 0199674337
Pages: 314
Publication Date: 13 April 2016
Audience: College/higher education , Professional and scholarly , A / AS level , Further / Higher Education
Format: Hardback
Publisher's Status: Active

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

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.

Reviews for The Confusion Test in European Trade Mark Law

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 *