The Average Consumer - legal fiction or reality? A comparative study between European and American trademark law
Existing trademark law in both the European Union and the United States, allow courts to enlist the help of a representative consumer, in order determine whether two trademarks are confusingly similar. This ubiquitous figure, which is said to represent the collective minds of the public, is central to the likelihood of confusion analysis, used to appraise the overall likelihood of confusion betwee
