A verse of a song by the Icelandic singer Björk goes: “If you ever get close to a
human, And human behavior, Be ready, be ready to get confused, And me and my
hereafter, There's definitely, definitely, definitely no logic, To human behavior, But
yet so, yet so irresistible”.1 In many ways, this verse captures this project on the
average consumer in European trademark law.
Some years back as a student, I first encountered trademark law as part of an
inspiring trademark law course at the University of Manchester taught by Professor
Andrew Griffiths. Back then, I was puzzled when I encountered the average consumer
and its characteristics, “reasonably well-informed and reasonably observant
and circumspect”. I am still in some ways puzzled, but more profoundly.
At the early stage of this project in 2013/2014, my initial interest was the average
consumer with a more narrow focus on the online environment. I soon realised,
though, that there was much more to be gained from taking a more general approach
to the analysis since the contemporary scholarly analysis of this area of law was
surprisingly untouched.
It has been a fruitful and challenging experience to conduct this project. In a
broader perspective, the average consumer is law’s way of trying to fit its own logic
to an at times illogical human behaviour. Due to centrality of the topic to European
trademark law, this project has given me (and hopefully will give the reader) some
valuable insight into the key infrastructure of trademark law and this area of law in a
broader scientific perspective. The approach of this book is one among many ways to
analyse the average consumer in European trademark law since this topic has threads
into broader trademark law, law in general and into other areas of social science.