The Confusion Test in European Trade Mark Law

Publication details 

Fhima, Ilanah and Gangjee, Dev (2019). The Confusion Test in European Trade Mark Law (Oxford University Press).

Abstract

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.

In The Confusion Test in European Trade Mark Law, the authors undertake a 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 EUIPO, by national courts, and by the CJEU. It offers practical guidance, while also evaluating the normative viability of more recent developments such as initial-interest confusion, post-sale confusion and consumer responses to uses of trade marks on the internet.

Find out more about the book here.