Trade Dress - Law Dictionary Search Results
trade dress
trade dress : the overall image of a product used in its marketing or sales that is composed of the nonfunctional elements of its design, packaging, or labeling (as colors, package shape, or symbols) NOTE: Trade dress is protected by the Trademark (Lanham) Act of 1946 if it is not a functional part of the product, has acquired secondary meaning, and there is likelihood of confusion as to the source of the product on the part of the consumer if a competing product has a similar trade dress. ...
infringement
infringement : the act or an instance of infringing ;esp : the unauthorized use of copyrighted or patented material or of a trademark, trade name, or trade dress see also equivalent, fair use NOTE: Infringement of a trademark, trade name, or trade dress involves use of one by the infringer that is the same as that of the owner or so similar that it is likely to deceive or to cause confusion or mistake on the part of the average purchaser. Infringement of a copyright involves the copying of a material and substantial portion of the protected work. If the alleged infringer denies copying, the copyright holder may be able to prove infringement with circumstantial evidence of the infringer's access to the protected work and of similarities between the two works. ...
Passing off
Passing off, in action for passing off pray of actual deception is not necessary two marks bear an ovrall similarity as would be likely to mislead a person usually dealing with one to accept the other if offered to him, it is enough, National Match Works v. S.T. Karuppanna Nadar, AIR 1979 Mad 157.An infringement action is available where there is violation of specific property right acquired under and recognised by the statute. In a passing-off action, however, the plaintiff's right is independent of such a statutory right to a trade mark and is against the conduct of the defendant which leads to or is intended or calculated to lead to deception. Passing-off is said to be a species of unfair trade competition or of actionable unfair trading by which one person, through deception, attempts to obtain an economic benefit of the reputation which another has established for himself in a particular trade or business. The action is regarded as an action for deceit. The tort of passing-off inv...
secondary meaning
secondary meaning : a developed association in the public's mind between the mark, name, or trade dress of a product and a specific manufacturer originating it that renders the mark, name, or trade dress protectable under trademark law [the general descriptive name of the product acquired secondary meaning] ...
suggestive
suggestive : giving a suggestion or making a hint: as a : being a trademark, trade dress, trade name, or service mark that requires the consumer to use thought and imagination to perceive the nature of the product or service NOTE: Suggestive marks are entitled to trademark protection without proof of secondary meaning. b : relating to or being a lineup that in some way suggests to the witness which member of the lineup is in fact the defendant ...
Advertisement
Advertisement, [fr. avertissement, Fr.], a public notice or announcement of a thing.The duties payable on advertisements were repealed by 16 & 17 Vict. c. 63, s. 5.As to the protection afforded to Trustees and Personal Representatives by issuing an advertisement for creditors before distributing any real or personal property, see (English) Trustee Act, 1925, s. 27, amended by the (English) Law of Property (Amend.) Act, 1926, s. 7, and extending the (English) Law of Property Amendment Act, 1859 (22 & 23 Vict. c. 35), s. 29; Re Bracken, (1890) 43 Ch D 1.The regulation of advertisements is provided for by the (English) Advertisements Regulation Act, 1907 (7 Edw. 7, c. 27), and the (English) Ancient Monuments Act, 1931 (20 & 21 Geo. 5), s. 7. See also Advertisements Regulation Act, 1925, respecting advertisements affecting the view or amenities of a village or historic building. Advertisements for stolen property may amount to an offer to compound a felony, and thus constitute an offence w...
Jews
Jews. Several Statutes were passed in the reign of Queen Victoria respecting the Jews. See 8 & 9 Vict. c. 52, giving them relief as to municipal offices; 10 & 11 Vict. c. 58, and 19 & 20 Vict. c. 119, ss. 21, 22 as to their marriages; 21 & 22 Vict. c. 48, s. 5, amended by 23 & 24 Vict. c. 63, as to their making declara-tions as a qualification for office; and the Jews Relief Act, 1858 (21 & 22 Vict. c. 49), empowering either house of Parliament by resolution to allow them to omit the words 'upon the true faith of a Christian' from the form of oath then required to be taken by members of Parliament. The Promissory Oaths Act, 1868 (31 & 32 Vict. c. 72), has since prescribed a form of oath containing no reference to the faith of a Christian, and the Promissory Oaths Act, 1871 (34 & 35 Vict. c. 48), repeals 21 & 22 Vict. c. 48, and the Jews Relief Act, 1858, except s. 4, which provides that the official patronage of a professing Jew shall devolve on the Archbishop of Canterbury. By s. 3 of...
Luxury
Luxury, as an entirely relative term; a free indulgence in costly food, dress, furniture or anything expensive which gratifies the appetites or tastees; also a mode of life characterized by material abundance and gratification of expensive tastes, (Corpus Juris Secundum, Vol. IV, p. 887).Luxury, could among other meanings be defined as (1) abundance, sumptuous enjoyment; (2) the habitual use of, or indulgence in, what is choice or costly; (3) refined and intense enjoyment; means of luxurious enjoyment; (4) in a particularized sense; something which conduces to enjoyment or comfort in addition to what are accounted the necessaries. Hence, in recent use, something which is desirable but not indispensable; and (5) as an attribute as luxury coach, cruise duty, edition, flat, liner, shop, tax, trade, Oxford English Dictionary, 2nd Edn., Vol. IX.Means something which conduces enjoyment over and above the necessaries of life. It denotes something which is superfluous and not indispensable and...
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