The average consumer in confusion-based disputes in European trademark law and similar fictions / Rasmus Dalgaard Laustsen.
Laustsen, Rasmus Dalgaard. author.
2020
KJE2768
Available Online

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Title
The average consumer in confusion-based disputes in European trademark law and similar fictions / Rasmus Dalgaard Laustsen.
Author
Laustsen, Rasmus Dalgaard. author.
ISBN
9783030263508 (electronic book)
3030263509 (electronic book)
9783030263492
DOI
https://doi.org/10.1007/978-3-030-26350-8
Published
Cham : Springer, 2020.
Language
English
Description
1 online resource (xxi, 435 pages)
Item Number
10.1007/978-3-030-26350-8 doi
Call Number
KJE2768
Dewey Decimal Classification
341.7588094
Summary
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.
Bibliography, etc. Note
Includes bibliographical references.
Access Note
Access limited to authorized users.
Source of Description
Online resource; title from PDF title page (SpringerLink, viewed November 11, 2019).
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Part I The Average Consumer: A Consumer Fiction in European Trademark Law
Background
Methodology
Legal Sources
The Dynamics of the European Trademark Law
Part II Horizontal Analysis: One Among Other Fictions and the UCPD Consumer Models
The Average Consumer as a Legal Fiction and Beyond
The Average Consumer and Its More or Less Distant Cousins
The UCPD and Trademark Average Consumers: Two of a Kind?
Part III Vertical Analysis: The Judicial Background and European Trademark Law
The Early Beginnings of the Average Consumer Pre Sabel
Likelihood of Confusion: Legislative Harmonisation?
The Average Consumer in a ?Global? Perspective
Contextualisation of the Average Consumer
Part IV Wrapping Up
Putting the Average Consumer into Perspective
Table of Legislation, Preparatory Works Etc
Table of Cases
Bibliography.

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