상표의 혼동가능성에 관련된 판례에 대한 고찰

Abstract

The essential function of trademark is to distinguish the goods and services of one undertaking from those of other undertakings. However, if likelihood of confusion between the two trademarks occurs, that could trigger damage to the proprietor of the earlier trademark while customers cannot purchase goods or services they want.
 Accordingly, domestic courts in many jurisdictions have given verdicts on this important issue and particularly, the Court of Justice of the European Union (CJEU) also has handed over some relevant rulings. Therefore, this article would like to focus on judgments on the likelihood of confusion in the CJEU, analyzing main points and issues of the rulings. On that basis, this article aims to discuss controversial and important issues in those rulings.