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

Frabboni, Maria Mercedes (2020) Fashion designs and brands: the role of the informed user and the average consumer. Journal of World Intellectual Property, 23 (5-6). pp. 815-831. ISSN 1422-2213

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Abstract

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.

Item Type: Article
Keywords: European Union, fashion law, industrial designs, intellectual property, trade marks
Schools and Departments: School of Law, Politics and Sociology > Law
SWORD Depositor: Mx Elements Account
Depositing User: Mx Elements Account
Date Deposited: 02 Nov 2020 10:11
Last Modified: 24 Nov 2020 14:45
URI: http://sro.sussex.ac.uk/id/eprint/94696

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