Unfair Competition by Causing Confusion among Consumers

Hadeel Mahasnah, Fayyad Al-Qodah

Abstract


This article discusses unfair competition by causing confusion among consumers as to the enterprise, products or commercial or industrial activities of merchants. This act of unfair competition is regulated by Article (2) of the Jordanian Unfair Competition and Trade Secrets Law no (15) of the Year 2000. It was divided into two main sections. The first sections dealt with determining the act of causing confusion itself. It is found that the criteria in this matter, evolves around the confusion that an act of unfair competition has caused or is likely to cause in the minds of the concerned group of consumers. The confusion may fall on the products, enterprise, trademarks, trade names or any element of the activities of the competing merchants. The resulting confusion or likelihood of confusion is a matter of fact that the court may infer from evidence submitted in the given case.

The second section of this article tried to formulate a criterion to decide whether a confusion has resulted or likely to result in a given case. This depends on six elements comprising similarity between elements of dispute, distinctiveness of elements of dispute to be protected, extents of similarity between products or services, degree of reputation and good well of competing merchants, geographical scope of protection and concerned group of consumers.


Keywords


Unfair Competition, Trademarks, Confusion, Trade Secrets, Jordanian Law, Commercial Activities.

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