Ilanah Simon Fhima (UCL) The confusion test in European trade mark law

Spring lectures series

Thursday 3 April 2014
Executive Business Centre (EB206), Holdenhurst Road, Bournemouth BH8 8EB

The seminar presents the preliminary results of a large empirical study on the application of the “confusion” test for trade mark infringement in Europe. Key objectives of the study, which is being carried out in collaboration with Dr Dev Gangjee (University of Oxford), are to

  • Understand how the likelihood of confusion test is applied in practice and which factors are dispositive;
  • Test whether the factors emphasised by the CJEU really are those driving decision making;
  • Recreate (as far as possible) Barton Beebe’s (2006) analysis in the EU context, and test whether it can be transplanted to the EU.

The study is expected to represent a starting point for doctrinal analysis of EU law on likelihood of confusion.

For more details on Ilanah’s research profile please refer to her personal webpage.