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5 Eur. J. Econ. L. & Pol. 1 (2018)

handle is hein.journals/ejelp5 and id is 1 raw text is: 





     Consumer Protection Against Confusion in The
                         Trademark Law



                  Aleksandra   Nowak-Gruca, PhD
                  Department of Civil and Economic Law
                    Cracow  University of Economics

Doi: 10.19044/elp.v5nolal     URL:http://dx.doi.org/10.19044/elp.v5nolal

Abstract
       Information has contemporarily become a good with a major market
importance, which is why we observe many efforts of the European legislator
and the national legislators aimed at protecting the information. What is also
of utmost  importance is the protection of the communication  channels,
because all the information asymmetries cause disruption in an economically
efficient allocation of goods. The nature of communication between  the
traders and consumers generates the risk of confusion. Due to the large number
of interferences in this area there is required a skilful interference in its course,
which can be made  with the use of the effective legal instruments. For this
reason, the article presents the problem, not analysed previously in broader
terms, of consumer protection against confusion in the trademark law. The
issue of consumer protection from the perspective of accuracy and adequate
transparency of market information has already been the subject of analyses
and studies, yet they were mostly undertaken from the perspective of unfair
competition law. It should be noted, however,  that consumer protection
against disinformation can be manifested also on the grounds of trademark law
within the protective right in relation to the trademark against the risk of the
confusion of the recipients. The aim of this article is to present the issues
related to this specific form of the protection of the consumer as the recipient
of the goods covered by a specific sign, in the context of the model of the
average consumer in the European law.

Keywords:  Consumer,  the model of the average consumer, trademark, the
functions of the trademark, the risk of confusion among the recipients.

1. Introduction
       The  information society requires of its members a high level of
functional literacy. Information has now become a good of major importance
in the market, which  is why we  observe many   efforts of the European


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