Overview
- Provides in depth coherent analysis of this essential factor in European Trademark Law - the average consumer as part of likelihood of confusion
- Includes multi-level legal analyses - International, EU and National (UK, Sweden, Denmark and Norway)
- Analyses theoretical aspects (e.g. in light of legal fiction theory) and legal aspects (e.g. in light of adjacent areas of law – the UCPD, EU design law and European patent law)
Access this book
Tax calculation will be finalised at checkout
Other ways to access
Table of contents (12 chapters)
-
Front Matter
-
The Average Consumer: A Consumer Fiction in European Trademark Law
-
Front Matter
-
-
Horizontal Analysis: One Among Other Fictions and the UCPD Consumer Models
-
Front Matter
-
-
Vertical Analysis: The Judicial Background and European Trademark Law
-
Front Matter
-
-
Wrapping Up
-
Front Matter
-
-
Back Matter
Keywords
About this book
This book contends that, with regard to the likelihood of confusion standard, European trademark law applies the average consumer incoherently and inconsistently. To test this proposal, it presents an analysis of the horizontal and vertical level of harmonization of the average consumer. The horizontal part focuses on similar fictions in areas of law adjacent to European trademark law (and in economics), and the average consumer in unfair competition law. The vertical part focuses on European trademark law, represented mainly by EU trademark law, and the trademark laws of the UK, Sweden, Denmark and Norway. The book provides readers with a better understanding of key aspects of European trademark law (the average consumer applied as part of the likelihood of confusion standard) and combines relevant law and practices with theoretical content and other related areas of law (and economics). Accordingly, it is an asset for policymakers and practitioners, as well as general readers with an interest in intellectual property law and theory.
Authors and Affiliations
About the author
Bibliographic Information
Book Title: The Average Consumer in Confusion-based Disputes in European Trademark Law and Similar Fictions
Authors: Rasmus Dalgaard Laustsen
DOI: https://doi.org/10.1007/978-3-030-26350-8
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: Springer Nature Switzerland AG 2020
Hardcover ISBN: 978-3-030-26349-2Published: 14 November 2019
Softcover ISBN: 978-3-030-26352-2Published: 14 November 2020
eBook ISBN: 978-3-030-26350-8Published: 06 November 2019
Edition Number: 1
Number of Pages: XXI, 435
Topics: IT Law, Media Law, Intellectual Property, European Law, Business Law, Private International Law, International & Foreign Law, Comparative Law , Theories of Law, Philosophy of Law, Legal History