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?

Alice Blythe

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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?

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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?

Alice Blythe

European Intellectual Property Review, Vol.37(8), pp.484-489

08/2015

Abstract

Law

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.

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Title: 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?
Creators - without role: Alice Blythe
Publication Details: European Intellectual Property Review, Vol.37(8), pp.484-489
Publisher: Sweet and Maxwell
Format: text
Identifiers: 999682708841; 0142-0461
Academic Unit: Law
Language: English
Resource Type: Journal article
Comment: 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.

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?

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