Die Bekämpfung des Zweitmarkenirrtums durch das Marken- und Wettbewerbsrecht

This book examines to what extent competitive and trademark law instruments can address the so-called secondary market misconception. In the area of competition law, the author primarily presents the competitive theoretical compatibility of a fair competition performance protection, while exploring the functionality and dysfunctionality of imitations in competition within this context. The investigation follows an interdisciplinary approach, as unfairness is determined purely from a competition-functional perspective, free from ethical axioms. This necessitates orientation towards a competition-conceptual reference system. Additionally, market behavior can only be conclusively assessed under competition law if consumer responses to the marketing strategies used by the imitator are known. Accordingly, the author utilizes economic insights from marketing research for the legal evaluation of commercial practices.