Confusion Online: Does the Test for Trade Mark Confusion on the Internet Differ from that Applied to Infringement in Other Spheres?

摘要

Recently there has been debate as to whether the test for trade mark confusion is different online. OCH-Ziff v OCH Capital and Interflora v Marks & Spencer Flowers Direct reopened the debate as to the role of initial interest confusion and the likelihood of association in defining the boundaries of this provision.