Misrepresentation, confusion and the average consumer: to what extent are the tests for passing off and a likelihood of confusion within trade mark law identical?

Blythe, Alice (2015) Misrepresentation, confusion and the average consumer: to what extent are the tests for passing off and a likelihood of confusion within trade mark law identical? European Intellectual Property Review, 37 (8). pp. 484-489. ISSN 0142-0461

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Abstract

Reed Executive v. Reed Business Information created a tendency to view the tests for passing off and trade mark infringement as being identical in key respects. Recent cases Interflora v. Marks & Spencer Flowers Direct, Cosmetic Warriors v. Amazon and Moroccanoil Israel v. Aldi Stores have all questioned this approach making a re-evaluation necessary.

Item Type: Article
Additional Information: This is a pre-copyedited, author-produced version of an article for publication in the European Intellectual Property Review following peer review. The definitive published version Alice Blythe, Misrepresentation, Confusion and The Average Consumer: To What Extent Are The Tests for Passing Off and A Likelihood of Confusion Within Trade Mark Law Identical? [2015] E.I.P.R. 484-489 is available online on Westlaw UK or from Thompson Reuters DocDel service.
Subjects: K Law > K Law (General)
Divisions: School of Law
Depositing User: Miss Alice Blythe
Date Deposited: 01 Mar 2018 14:21
Last Modified: 04 Jul 2019 13:49
URI: http://ubir.bolton.ac.uk/id/eprint/1380

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