Likelihood of confusion
Likelihood of confusion is a term from the trademark rights , in particular the trademark law .
A trademark owner can assert a number of trademark claims not only against identical trademarks , but also against similar trademarks if there is a risk of confusion for the target public.
In the opinion of the ECJ, there is a likelihood of confusion if the target public could believe that the goods or services in question come from the same company or possibly from economically related companies. The likelihood of confusion should depend in particular on the similarity of the brands, the similarity of the goods and services that are identified with the brand, and the distinctiveness of the brand claimed, with these factors interacting.
For the likelihood of confusion, it may be sufficient that the target public run the risk of mentally assigning the opposing marks to a single owner as a result of partial coincidence (e.g. likelihood of confusion under the aspect of the serial mark) or, despite recognizing the differences between the marks, economic or organizational To assume connections between the trademark owners.
The Federal Court of Justice has also applied the principles of risk of confusion known from trademark law in fair trading law when assessing a deception of origin .
Individual evidence
- ↑ § 14 MarkenG, § 9 MarkenG
- ↑ ECJ , decision of September 29, 1998 in the case C-39/97 , "Canon"
- ^ BGH , judgment of August 28, 2003, Az. I ZR 257/00, "Children", BGHZ 156, 112
- ↑ BGH , judgment of June 15, 2000, Az. I ZR 90/98 , "Messerkennzeichen"; NJW -RR 2001, 405 = GRUR 2001, 251
Web links
- Risk of confusion - ipwiki.de
- decisions.ch Swiss decisions on the likelihood of confusion in trademark law
