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Background

  • Rasmus Dalgaard Laustsen
Chapter

Abstract

The “average consumer” fiction in confusion-based disputes in European trademark law is the subject of this analysis. Until recently, this average consumer was almost overlooked in the literature, and it is not mentioned in the legislation. This book analyses the average consumer considering legal fiction theory. Further, it analyses the fictions similar to the average consumer in European trademark law (e.g. the informed user in design law and the person skilled in the art in patent law), and the average consumer under the UCPD. The analysis of the average consumer in confusion-based disputes under European trademark law covers EU law and the laws of the UK, Sweden, Denmark and Norway. This chapter provides the purpose, structure and delimitation of the analysis.

Copyright information

© Springer Nature Switzerland AG 2020

Authors and Affiliations

  1. 1.IPR & Compliance, Group LegalGrundfos Holding A/SBjerringbroDenmark

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