Jenkins, Georgia (2021) How helpful is initial interest confusion in finding double identity trade mark infringement in online marketplaces? European Intellectual Property Review, 43 (5). pp. 306-312. ISSN 0142-0461. (The full text of this publication is not currently available from this repository. You may be able to access a copy if URLs are provided) (KAR id:104040)
| The full text of this publication is not currently available from this repository. You may be able to access a copy if URLs are provided. (Contact us about this Publication) | |
| Official URL: https://www.sweetandmaxwell.co.uk/Product/Intellec... |
Abstract
Considers whether the presumption of confusion in trade mark infringement proceedings is incompatible with digital marketplaces. Reviews the origins of the principle, and discusses, with reference to case law, how the expanded application of the trade mark functions theory in the EU and UK has caused it to resemble the initial interest confusion theory. Examines the potential concerns arising from applying the two concepts to keyword advertising.
| Item Type: | Article |
|---|---|
| Uncontrolled keywords: | Advertising; Confusion; EU law; Information retrieval; Online marketplaces; Trade marks |
| Subjects: | K Law > K Law (General) |
| Divisions: | Divisions > Division for the Study of Law, Society and Social Justice > Kent Law School |
| Funders: | Queen Mary University of London (https://ror.org/026zzn846) |
| Depositing User: | Georgia Jenkins |
| Date Deposited: | 23 Nov 2023 08:52 UTC |
| Last Modified: | 05 Nov 2024 13:09 UTC |
| Resource URI: | https://kar.kent.ac.uk/id/eprint/104040 (The current URI for this page, for reference purposes) |
University of Kent Author Information
Jenkins, Georgia.
| Creator's ORCID: |
 https://orcid.org/0000-0002-6890-7018
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