University of Sussex
Browse
jwip.12176.pdf (683.84 kB)

Fashion designs and brands: the role of the informed user and the average consumer

Download (683.84 kB)
journal contribution
posted on 2023-06-09, 22:01 authored by Maria FrabboniMaria Frabboni
The notions of the informed user and average consumer occupy centre stage in design and trade marks disputes. The current European Union legal framework exposes a tension between these notions as legal constructs informed by normative objectives, and the need to connect them with the business reality of design and trade mark practice. This article investigates how litigation concerning fashion design and brands addresses this tension and shapes the definition and application of legal tests for the informed user and the average consumer. It analyses key criteria that determine who these notional persons are, and how those criteria are applied when performing assessments that combine abstract legal standards with information acquired from the experience that real users and consumers make of fashion designs and brands.

History

Publication status

  • Published

File Version

  • Published version

Journal

Journal of World Intellectual Property

ISSN

1422-2213

Publisher

Wiley

Issue

5-6

Volume

23

Page range

815-831

Department affiliated with

  • Law Publications

Full text available

  • Yes

Peer reviewed?

  • Yes

Legacy Posted Date

2020-11-02

First Open Access (FOA) Date

2020-11-02

First Compliant Deposit (FCD) Date

2020-10-30

Usage metrics

    University of Sussex (Publications)

    Categories

    No categories selected

    Exports

    RefWorks
    BibTeX
    Ref. manager
    Endnote
    DataCite
    NLM
    DC