Trademark Law Episode 14: Comparison of Trademark Infringement between EU and US Laws

In this episode, we delve into the distinctions and similarities between EU and US laws regarding trademark infringement, drawing from The Cambridge Handbook of International and Comparative Trademark Law. We examine the core elements required to establish infringement in both jurisdictions, including the likelihood of confusion, dilution, and unfair advantage. While both the EU and US aim to protect trademark owners and prevent consumer deception, they employ different approaches: the US places a greater emphasis on the “likelihood of confusion” test, whereas the EU also integrates “dilution” and “unfair advantage” as broader protections against free-riding on brand reputation. Through case studies and statutory comparisons, we outline the varying standards for proving infringement, exploring how these differences influence the enforcement of trademark rights across borders. This episode provides a comprehensive understanding of how trademark infringement is approached on both sides of the Atlantic, with practical implications for global brand protection strategies.