Likelihood Of Confusion In Trademark Law
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Likelihood Of Confusion In Trade Mark Law
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Author : Jeroen Muyldermans
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-10-15
Likelihood Of Confusion In Trade Mark Law written by Jeroen Muyldermans and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-15 with Law categories.
Since 1994 European Union (EU) case law touching on trade mark confusion has become so diverse and has grown so numerous that it is difficult to see the wood for the trees. This is the first book to give a complete synthesis of the thousands of decisions that have been handed down over the past decades, illustrated with many examples and images. Providing a highly structured and complete overview of the confusion test and all assessment criteria as determined by the General Court and Court of Justice, the authors unravel the concept of likelihood of confusion and establish a sound and thorough methodology for resolving confusion in any trade mark case. Among the practical features offered by the analysis are the following: consideration of the constituent criteria of the confusion test through a simple three-step test examining the similarity among goods and services, similarity between different trade marks and global appreciation of confusion; the identification of the ‘relevant consumer’, including from territorial and linguistic points of view; guidance on procedural aspects of the confusion test before the EU courts, as well as before the EU Intellectual Property Office and its Boards of Appeal; identifying the dominant and distinctive components of a trade mark – phonetic, visual and conceptual; the concept of similarity and the Nice Agreement; the principle of ‘partial use’; effect of the terms of sale of the goods or services; consideration of the existence of a family or series of trade marks; and consideration of the effects of coexistence on the confusion test. Numerous illustrated examples of trade marks involved in confusion cases enhance the presentation. Any practitioner dealing with trademark confusion in infringement proceedings before EU or national courts, or in opposition proceedings before national offices or the EU Intellectual Property Office, will be enabled to approach each case with full awareness of applicable criteria of assessment. This much-needed synthesis of case law will quickly become a standard work among lawyers, examiners and judges acting in trade mark matters.
Likelihood Of Confusion In Trademark Law
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Author : Richard L. Kirkpatrick
language : en
Publisher:
Release Date : 2013-09-07
Likelihood Of Confusion In Trademark Law written by Richard L. Kirkpatrick and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-07 with Trademarks categories.
PLI's Likelihood of Confusion in Trademark Law gives this vital concept the full coverage it deserves, while addressing it in the lucid, straightforward way that attorneys and interested laypersons can easily understand.
Likelihood Of Confusion In Trademark Law
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Author : Richard L. Kirkpatrick
language : en
Publisher:
Release Date : 19??
Likelihood Of Confusion In Trademark Law written by Richard L. Kirkpatrick and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 19?? with Trade secrets categories.
This file contains Likelihood of Confusion in Trademark Law by Richard L. Kirkpatrick which provides an overview of the multiple factor test - the generally accepted method of analyzing liklihood of confusion cases - as well as a systematic examination into each one of the key factors used by the courts to determine if likelihood of confusion exists.
Proving Likelihood Of Confusion In Trademark Law
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Author :
language : en
Publisher:
Release Date : 1996
Proving Likelihood Of Confusion In Trademark Law written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Actions and defenses categories.
Trademark Law And Theory
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Author : Graeme B. Dinwoodie
language : en
Publisher: Edward Elgar Publishing
Release Date : 2008
Trademark Law And Theory written by Graeme B. Dinwoodie and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
Boasting an impressive list of contributors, this first edition of Trademark Law and Theory brings together a compilation of well-written and powerfully argued works by leading international academics. The book is certainly one of the most extensive and thought provoking overviews of contemporary trademark law and theory yet to be published. . . Whilst all the contributions share in common their examination of the rapidity of change within trademark systems, the editors should be commended on their generous seasoning of other cross cutting themes throughout the Handbook. . . This fascinating compendium enriches our understanding of the shape, substance, and form of trademark law and theory. . . this Handbook is perhaps a rare exception to the adage that no book can be all things to all men . Its broad sweep approach and cross cutting themes enable a range of interested parties, such as policymakers; academics in the fields of marketing, business, consumer psychology; in addition to the usual suspects; to dip in and out of the Handbook as they wish. . . a unique and erudite collection of essays concerning trademark law and theory. . . Odette Hutchinson, Communications Law Trademarks is an area of vital, practical everyday concern, and the idea of producing a volume that brings together the perspectives of 19 thoughtful and experienced legal scholars is a bold and exciting initiative. The present volume does not disappoint and the two editors are to be congratulated on orchestrating an ensemble that simultaneously informs and stimulates. The title is apt: it is truly contemporary and is highly theoretical and doctrinal in character, while the interesting choice of the word handbook suggests clearly that this is a work in progress, a snapshot at a particular time of the challenging lines of individual research that each contributor to the volume is undertaking. It is a fine addition to a larger series of research handbooks in intellectual property published by Edward Elgar under the series editorship of Jeremy Phillips. . . The editors have done a fine job in presenting this material in such a clear and coherent fashion. . . this is an excellent and rewarding volume of readings that will be of interest to anyone working in the area of trademarks, whether as an academic or as a practitioner. Indeed, for the practitioner it will be of particular value, in that it contains, and opens up, many areas of inquiry that may not always be apparent when working at the coalface of a particular problem. . . For both kinds of readers, the real value of the volume is to have so many different kinds of perspectives brought together within the space of a single volume. . . this is a handsome production: the publishers and editors are to be commended on the clarity and cleanness of the typeface and headings, the thoroughness of the index, and the accuracy of their proof reading. It has also been given a striking and evocative cover. Sam Ricketson, University of Melbourne Law School Australia, European Intellectual Property Review Trademark Law and Theory is a first-rate exploration of the issues that will dominate trademark law in the 21st century. Authors from five continents provide a truly global perspective on the present and future of trademark law. An exceptional collection of contributors and contributions. Robert Denicola, University of Nebraska, US This compendium is an excellent source of writing on all aspects of trademark law and practice by experts from Europe, the United States, South Africa, Singapore, New Zealand and Australia. It will be a stimulating read for lawyers, academics, students and policymakers alike on the present and developing trends in law and policy relating to trademarks as marketing tools and cultural artefacts. The editors deserve congratulation on their concept for the book and their judicious selection of material. David Vaver, University of Oxford, UK All students, young and older, in the burgeoni
The Average Consumer In Confusion Based Disputes In European Trademark Law And Similar Fictions
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Author : Rasmus Dalgaard Laustsen
language : en
Publisher: Springer Nature
Release Date : 2019-11-06
The Average Consumer In Confusion Based Disputes In European Trademark Law And Similar Fictions written by Rasmus Dalgaard Laustsen and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-06 with Law categories.
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.
Likelihood Of Confusion In Trade Mark Law A Practical Guide To The Case Law Of Eu Courts
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Author : Ilanah Fhima
language : en
Publisher:
Release Date : 2020
Likelihood Of Confusion In Trade Mark Law A Practical Guide To The Case Law Of Eu Courts written by Ilanah Fhima and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Intellectual property categories.
The Confusion Test In European Trade Mark Law
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Author : Ilanah Simon Fhima
language : en
Publisher: Oxford University Press, USA
Release Date : 2019
The Confusion Test In European Trade Mark Law written by Ilanah Simon Fhima and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.
Introduction: The Likelihood of Confusion --Similarity of Marks --Composite Marks --Similarity of Goods and Services --Distinctiveness of the Marks --Assessing Likelihood of Confusion --The Timing of Confusion --Non-Traditional Marks and the Likelihood of Confusion.
Trademark Dilution
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Author : Amir Friedman
language : en
Publisher: Austin Macauley Publishers
Release Date : 2022-05-31
Trademark Dilution written by Amir Friedman and has been published by Austin Macauley Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-31 with Law categories.
The world has changed materially since the foundation of traditional trademark laws, according to which the purpose of a trademark was to serve as a differentiating source indicator, preventing source confusion in the marketplace. Traditionally, trademarks protected the public from likelihood of confusion, assisted in consumer decisions and reduced search costs. The need to award a special scope of protection to famous trademarks from use on non-competing goods was first discussed in Kodak in 1898, holding that the use of the word Kodak for a bicycle company does not mislead consumers but takes unfair advantage of reputation. However, the most significant point in the evolution of dilution, in its early stages, was the case of Odol decided in 1924, which was the first to acknowledge the need to protect the advertising power of trademarks from being diluted, even in the absence of a likelihood of confusion. This book will provide that dilution is a ‘sui generis’ brand remedy applicable to reputed trademarks in accordance to their aggregated inherent and acquired strength. The book will address the non-harmonised nature of dilution, which reflects a problem in an age of borderless trade and cyber commerce and emphasises the need to answer the question: To what extent should reputed trademarks be protected by dilution beyond the traditional trademark protection from likelihood of confusion? The book includes a proposal for an operative legal framework based on conclusions and distinctions derived from the comparison of dilution, as adopted and interpreted in different areas of the world, comparative case studies and comparison with neighbouring legal rights, such as Tort Law, Unfair Competition, Moral Rights, Equitable Rights, Publicity Rights and Unlawful Enrichment.
Advanced Trademark Law 2010
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Author :
language : en
Publisher:
Release Date : 2010
Advanced Trademark Law 2010 written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Intellectual property categories.