판매 후 혼동이론에 관한 연구
A Study on Post-Sale Confusion Theory
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In post-sale confusion cases, the immediate buyer is not confused about the source of (often) counterfeit goods, but prospective buyers and the general public are likely to be confused. Numerous harms may result from this type of use even if there is no confusion to buyers; (1) the viewing public, as well as subsequent purchasers, may be deceived if expertise is required to distinguish the original from the counterfeit, (2) the purchaser of an original may be harmed if the widespread existence of knockoffs decreases the original's value by making the previously scarce commonplace, (3) consumers desiring high quality products may be harmed if the original manufacturer decreases its investment in quality in order to compete more economically with less expensive knockoffs, (4) the original manufacturer's reputation for quality may be damaged if individuals mistake an inferior counterfeit for the original. On the other hand, An eight-factor test for determining likelihood of confusion is employed: (1) strength of the plaintiff's mark, (2) relatedness of the goods, (3)similarity of the marks, (4) evidence of actual confusion, (5) marketing channels used (6) likely degree of purchaser care (7)defendant's intent in selecting the mark and (8) likelihood of expansion of the product lines.
Abstract
In post-sale confusion cases, the immediate buyer is not confused about the source of (often) counterfeit goods, but prospective buyers and the general public are likely to be confused. Numerous harms may result from this type of use even if there is no confusion to buyers; (1) the viewing public, as well as subsequent purchasers, may be deceived if expertise is required to distinguish the original from the counterfeit, (2) the purchaser of an original may be harmed if the widespread existence of knockoffs decreases the original's value by making the previously scarce commonplace, (3) consumers desiring high quality products may be harmed if the original manufacturer decreases its investment in quality in order to compete more economically with less expensive knockoffs, (4) the original manufacturer's reputation for quality may be damaged if individuals mistake an inferior counterfeit for the original. On the other hand, An eight-factor test for determining likelihood of confusion is employed: (1) strength of the plaintiff's mark, (2) relatedness of the goods, (3)similarity of the marks, (4) evidence of actual confusion, (5) marketing channels used (6) likely degree of purchaser care (7)defendant's intent in selecting the mark and (8) likelihood of expansion of the product lines.
참고문헌 (15)
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