Putting the Average Consumer into Perspective
This chapter concludes on the main findings of the book. Further, this chapter suggests that the Court of Justice plays a more active role in shaping the average consumer by adjusting the law and policy underpinning the average consumer to apply the average consumer more consistently and coherently. As for the contextualisation, the General Court and national courts should clarify the inconsistencies, and particularly, the Nordic judiciaries should make the role of the average consumer in confusion-based disputes more explicit.
This chapter claims that the inconsistencies of the average consumer in European trademark law through a feedback loop may dynamically impact the state of the law and the market by impacting the relevant stakeholders. The stakeholders include the Court of Justice, General Court, national courts, trademark owners and their competitors.
A way forward to clarify the policy underlying the average consumer, is for the Advocates General to include more explicit trademark policy into their opinions that, if the opinions are confirmed by the Court of Justice, will create a more solid policy foundation for the court’s decisions. In this context, the economic function of trademarks as lowering consumer search costs could be considered to create a better policy steer guiding the contextualisation of the average consumer.