Author/Authors :
PEKDİNÇER, Remzi Tamer Marmara Üniversitesi - Hukuk Fakültesi - Ticaret Hukuku Anabilim Dalı, Turkey , ERTEM, Hakan Marmara Üniversitesi - Güzel Sanatlar Fakültesi - Endüstri Ürünleri Tasarımı Bölümü, Turkey
Abstract :
Likelihood of confusion, which is a significant problem in intellectual property law, is a fact that has to be collectively considered and analyzed by law and design disciplines. We would particularly emphasize that, in this study, our research for likelihood of confusion is limited only to packaging design. The Supreme Court’s opinion on determining likelihood of confusion is to take “intermediate consumer” into consideration. However, with the potential success of our project, it can easily be applied to other likelihood of confusion situations (like TCC a.55/1/a.43 and Decree Law no. 556 on Protection of Trademarks a.7/b and a.8/b). Likelihood of confusion in packaging design is the basis of research for methods and suggestions toenable the intermediate consumer to distinguish the packages without confusion (misimpression, mistake, deception etc.) and to be able to determine likelihood of confusion. The outcome that we want to achieve with this research is, to enable measurable, objective evaluation methods in likelihood of confusion instead of a vague, non-scientific and subjective concept of “intermediate consumer or public”.4 For this purpose, in this research it is aimed to determine whether it is possible or not to use eye tracking systems to detect distinctiveness on design and it is also aimed to provide a basis for the further methods on this subject.
