An Empirical Analysis of the Likelihood of Confusion Factors in European Trade Mark Law

(2015) 46 IIC 310

Posted: 29 Sep 2017

See all articles by Ilanah Simon Fhima

Ilanah Simon Fhima

Institute of Brand and Innovation Law, Unversity College London

Catrina Denvir

University College London

Date Written: June 26, 2015

Abstract

The empirical study of trade mark law is in its infancy, particularly in the EU. However, it may have much to teach us about how trade mark law operates in practice, particularly in the context of the Court of Justice of the European Union’s (CJEU) case law, which, because of the structure of EU trade mark law, is necessarily quite abstract. This study employs empirical methods to understand how the test for likelihood of confusion is operated by the courts.

Keywords: Trademark, Empirical, EU Law, Confusion

JEL Classification: K30, K3

Suggested Citation

Simon, Ilanah and Denvir, Catrina, An Empirical Analysis of the Likelihood of Confusion Factors in European Trade Mark Law (June 26, 2015). (2015) 46 IIC 310. Available at SSRN: https://ssrn.com/abstract=3043510

Ilanah Simon (Contact Author)

Institute of Brand and Innovation Law, Unversity College London ( email )

Gower St
London WC1E OEG, WC1E 6BT
United Kingdom

Catrina Denvir

University College London ( email )

Gower St
London WC1E OEG, WC1E 6BT
United Kingdom

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