CIPIL Evening Seminar: 'Seeing Trade Mark Reputation With Fresh-Eyes: Lessons From Consumer-Based Brand Equity Models'

Speaker: Dr Luminita Olteanu, London School of Economics  

Biography: Luminita qualified as a lawyer in Romania in 2011 and has been practicing for more than 8 years across a variety of legal areas including Intellectual Property Law, International Arbitration, European Law, and Commercial Law. She recently gained her PhD at UCL and currently teaches Intellectual Property Law at the LSE. 

Abstract: The dilution model adopted by the Court of Justice of the European Union is based on several assumptions regarding consumers’ decision-making process when faced with junior signs in the marketplace. Nonetheless, the test for dilution infringement does not seem to explicitly consider the ways in which consumers perceive and relate to the various iterations of a mark’s reputation. This paper examines certain brand dimensions (i.e. awareness, differentiation, image, attractiveness, purchase intention and esteem) that map onto dilution law concepts such as trade mark knowledge, distinctiveness, image, identity and hold upon the public mind, power of attraction, strength and prestige. The conclusion suggests that the brand dimensions and metrics discussed in this paper could elicit a better understanding of how consumers perceive trade mark reputation. Thus, if applied as factors in the test for dilution infringement, they are likely to lead to a more predictable application of the law, mitigating the risk of arbitrary reputation thresholds or inaccurate measures of consumer perception.  

This event is a hybrid event. To attend online you must register via Zoom.