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Who Cares About The 85 Percent? Reconsidering Survey Evidence Of Online Confusion In Trademark Cases, Daniel Gervais, Julie M. Latsko
Who Cares About The 85 Percent? Reconsidering Survey Evidence Of Online Confusion In Trademark Cases, Daniel Gervais, Julie M. Latsko
Daniel J Gervais
There is an assumption in US trademark law that the protection of consumer interests—a traditional normative pillar of trademark law--is best achieved by enjoining use by a defendant of a mark that creates a likelihood of confusion (with the plaintiff’s mark) for 15% or more (sometimes less) of relevant consumers. Courts often use survey evidence to determined existence of the likelihood of confusion. This article argues that the interests of all consumers are relevant in that determination. This means that determining the costs, if any, imposed on nonconfused consumers should also be part of the equation. This can be accomplished …
Trips & Development, Daniel J. Gervais
Trips & Development, Daniel J. Gervais
Daniel J Gervais
This brief Chapter in the (forthcoming) SAGE Handbook of Intellectual Property examines available data and analyses concerning the impact of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) on development. The Chapter considers distinctions among types of countries and industries, and the role of the World Intellectual Property Organization (WIPO).