On September 9, another meeting of intellectual property lawyers, Meet(IP)ings, was held. At that event very practical topics were presented. One of the speakers at the meeting was Paweł Poznański from our law firm, whose topic was: “The likelihood of confusion by the consumer. The role of consumer uncertainty.”
The likelihood of confusion is assessed from the perspective of the average consumer. The average consumer is a normative model, a fictional character. The real character is the person who decides the matter. And it is that person that may be misled by a consumer who has participated in market survey. If the research is not carried out properly, it may mislead the person who is deciding the matter. In his presentation, Paweł described these risks of error and how to change the current methodology of market survey to avoid them.
