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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Confusion Test in European Trade Mark Law

ISBN13: 9780199674336
To be Published: April 2017
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £125.00

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 Office of Harmonisation for the Internal Market (OHIM), 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 OHIM; 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.

Intellectual Property Law
1. Introduction: The Likelihood of Confusion
2. Timing of confusion
3. The relevant consumer
4. Similarity of marks
5. Similarity of goods and services
6. Distinctiveness of the marks
7. Other factors
8. Non-Conventional Marks and the Likelihood of Confusion
9. The interplay of confusion and the defences