Standards for Trademark Infringement and Counterfeiting in the Jurisprudence and applications in the Jordanian judiciary
Prof. Salah Zein El-Din
Professor of Commercial Law – Faculty of Law – Qatar University
Dr. Hossam Al-Batosh
Associate Professor of Commercial Law – Faculty of Law – Qatar University
Abstract:
This research deals with the criteria of trademark infringement and counterfeiting in the jurisprudence, and its applications in the Jordanian judiciary. This research consists of two sections. The first section deals with the definition of the criteria of trademark infringement and counterfeiting in the jurisprudence, namely considering the similarities between the two trademarks rather than the differences, focusing on the general appearance of the two trademarks rather than partial elements, adopting the criterion of the average consumer rather than the discerning or the inattentive consumer, and the criterion of not observing both trademarks side by side, but rather one after the other.
The second section presents the judicial applications issued by the Jordanian judiciary on the disputes of trademark infringement and counterfeiting, in order to determine its directions, in regards to the report on whether a trademark infringement exists or not. The research concludes with presenting the most important findings and recommendations.
Key words:
Trademark, famous trademark, trademark infringement and counterfeiting, Jordanian trademark law.