The Average Consumer in Confusion-based Disputes in European Trademark Law and Similar Fictions
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 harmo
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The Average Consumer in Confusion-based Disputes in European Trademark Law and Similar Fictions
The Average Consumer in Confusion-based Disputes in European Trademark Law and Similar Fictions
Rasmus Dalgaard Laustsen
The Average Consumer in Confusion-based Disputes in European Trademark Law and Similar Fictions
Rasmus Dalgaard Laustsen IPR & Compliance, Group Legal Grundfos Holding A/S Bjerringbro, Denmark
ISBN 978-3-030-26349-2 ISBN 978-3-030-26350-8 https://doi.org/10.1007/978-3-030-26350-8
(eBook)
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Preface
A verse of a song by the Icelandic singer Björk goes: “If you ever get close to a human, And human behavior, Be ready, be ready to get confused, And me and my hereafter, There's definitely, definitely, definitely no logic, To human behavior, But yet so, yet so irresistible”.1 In many ways, this verse captures this project on the average consumer in European trademark law. Some years back as a student, I first encountered trademark law as part of an inspiring trademark law course at the University of Manchester taught by Professor Andrew Griffiths. Back then, I was puzzled when I encountered the average consumer and its characteristics, “reasonably well-informed and reasonably observant and circumspect”. I am still in some ways puzzled, but more profoundly. At the early stage of this project in 2013/2014, my initial interest was the average consumer with a more narrow focus on the online environment. I soon realised, though, that there was much more to be gained from taking a more general approach to the analysis since the contemporary scholarly analysis of this area of law was surprisingly untouched. I
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