Det är något bortom bergen - en principorienterad undersökning av det unionsrättsliga varumärkesskyddets avtalsrättsliga dimensioner

Sammanfattning: The trade mark law of the European Union confers legal rights on the proprietor of a trade mark and on the proprietor only – the law confers no legal rights on other legal entities. In this thesis it is examined whether, despite this fact, the trade mark law of the European Union may be used to confer legal rights on consumers on a contractual basis by means of the idea of trade marks which the trade mark law of the European Union is based on combined with the legal importance which is ascribed to good- and bad faith in contractual relationships. It is manifested, by means of an analysis of a number of fundamental provisions in the trade mark law of the European Union, that the trade mark law of the European Union is based on the idea that trade marks practices the function of designating the commercial origin of goods and services – an idea which, according to the line of reasoning in the thesis, is of importance regarding whether a consumer and an undertaking are to be considered to be in good- or bad faith in a contractual context where a consumer obtains a product from a “wrong” undertaking due to an undertakings use of a sign which is confusingly similar to the trade mark of a certain undertaking and in a contractual context where the consumer obtains a product which is of less quality than the consumer, because of the trade mark that is affixed on the product, thought that the product would be of. The legal importance which Swedish contract law ascribes good- and bad faith in contractual relationships is thereafter examined. The main conclusion in the thesis is that the presence of good- and bad faith in contractual relationships is ascribed great legal significance in Swedish contract law and that the principles of the contractual situations in which this significance is reflected, may be used to confer legal rights on consumers in the contractual contexts regarding trade marks which are considered in the thesis.