Overview

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.

Full Product Details

Author:   Rasmus Dalgaard Laustsen
Publisher:   Springer Nature Switzerland AG
Imprint:   Springer Nature Switzerland AG
Edition:   1st ed. 2020
Weight:   0.700kg
ISBN:  

9783030263522

ISBN 10:   3030263525
Pages:   435
Publication Date:   14 November 2020
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   Manufactured on demand  
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Table of Contents

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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Author Information

Rasmus Dalgaard Laustsen, Legal Counsel in IPR & Compliance, Grundfos Holding A/S and former PhD Scholar at Aarhus University, Department of Law, Aarhus, Denmark

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