DiKE Die rechtlich relevanten Umstände bei der Beurteilung der Verwechslungsgefahr im Ke

The trademark law essentially consists of trademark, company, name, and unfair competition law. These areas of law share the common goal of protecting trademarks from unauthorized claims by third parties. At the center of this is the question of the likelihood of confusion. This is where the present dissertation comes into play – it examines the legally relevant circumstances for assessing the likelihood of confusion. For instance, should the price at which the products bearing the trademarks are sold, or the industry in which the respective companies operate, play a role in this assessment?

To answer these questions, the first step involves developing the legal dogmatic foundations of the various trademark rights. Special attention is given to the legal nature of company law. In a second step, circumstances that may influence the likelihood of confusion are identified and systematized. Based on this, for each trademark right, the relevant circumstances for assessing the likelihood of confusion are derived. The work thus provides a framework that can serve not only as a basis for further scientific studies but also facilitate the assessment of the likelihood of confusion in practice. The focus of the work is on Swiss trademark law, while also occasionally referencing foreign legal systems – particularly European and German law – without claiming to cover them comprehensively.