Trade law Part 2

 

Understanding EU Practice in Bilateral Free-trade Agreements: Brita and Preferential Rules of Origin in International Law
Laura Puccio
European Law Review
Volume 36, Number 1, February 2011 p.124

Consistency of Confusion? A Fifteen-Year Revisiting of Barton Beebe’s Empirical Analysis of Multifactor Tests for Trademark Infringement
Kevin Blum, Ariel Fox, Christina J. Hayes and James (Hanjun) Xu
Stanford Technology Law Review
2010

In a typical case of trademark infringement, a plaintiff must show, among other things, that potential consumers would be confused as to the source of a good or service, due to the defendant’s use of a mark (or in the case of trade dress infringement, the same or similar product packaging, design, labeling, etc.) that creates confusion as to source, sponsorship, or affiliation. This inquiry into the likelihood of confusion is most often governed by multifactor tests, the most prominent of which is the test articulated in Polaroid Corp. v. Polarad Electronics Corp. by the U.S. Court of Appeals for the Second Circuit. The Second Circuit is of particular interest to those who study trademark law as it generates the greatest number of trademark infringement opinions. In the Polaroid test, eight factors are considered, including: the strength of the original user’s mark, similarity of the marks, proximity of the products, the likelihood that the original user would enter into the alleged infringer’s market (thus, “bridging the gap”between the two markets), evidence of actual confusion, the alleged infringer’s intent, the relative quality of the products bearing the marks in question, and sophistication of the consumers of the products.

Shifting to an Open Legal Market Policy: The prospect of Multi-Jurisdictional practice of law in the Philippines under the aegis of the general agreement on trade in services (GATS)
Johann Carlos S. Barcena
Philippine Law Journal
Volume 84, Number 3, 2009 p.654

DROIT DU COMMERCE INTERNATIONAL ET DE LA CONCURRENCE / INTERNATIONAL TRADE AND COMPETITION LAW
International Business Law Journal
Number 1, 2011

Trade Mark Law
International Review of Intellectual Property and Competition Law
Volume 42, Number 1, 2011

Cassis de Dijon and other Foodstuffs – The Revised Swiss Federal Law on Technical Barriers to Trade
Eva-Maria Strobel
European Food and Feed Law Review
2010, Number 5 p.288

DROIT DU COMMERCE INTERNATIONAL ET DE LA CONCURRENCE / INTERNATIONAL TRADE AND COMPETITION LAW
International Business Law Journal
Number 6, 2010

Law, Language and International Trade Regulation in the WTO
Fiona Smith
Current Legal Problems
Volume 63, 2011 p.448-474

Princo v. International Trade Commission: Antitrust Law and the Patent Misuse Doctrine Part Company
Geoffrey D. Oliver
Antitrust
Volume 25, Number 2, Spring 2011 p.62

Gujarat National Law University hosts an international conference on Trade and Competition
India Law Journal
Volume 4, Issue 1, January-March 2011

DROIT DU COMMERCE INTERNATIONAL ET DE LA CONCURRENCE / INTERNATIONAL TRADE AND COMPETITION LAW
International Business Law Journal
Number 5, 2010

Rafael Leal-Arcas, International Trade and Investment Law: Multilateral, Regional and Bilateral Governance
Review by: Shu Ying Wee
International Trade and Business Law Review
Volume 14, 2011 p.555

Author: international

Mentioned in these Entries

International trade law Part 2, Trade law.