Description du produit
- Catégories: Droit des Affaires - Droit Commercial
- Editeur: OUP - Oxford University Press
- ISBN: 9780199674336
- Date de publication: 31/10/2019
- Reliure : Broché
- Nombre de page : 320
- Langue: Anglais
Résumé
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.
Table des matières
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