Exxon Corp V Exxon Insurance Consultants International Ltd
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Exxon Corp V Exxon Insurance Consultants International Ltd
''Exxon Corp. v. Exxon Insurance Consultants International Ltd'' 982Ch. 119 is a leading decision in English law on the existence of copyright in a name alone and the infringement of a trade mark. The Court found that typically there is no copyright in a name, invented or otherwise, and that a trade mark can only be infringed when the infringing party shares part of the market segment.Alexandra Allen Franks, Copyright protection for 'individual words of an invented language' The Plaintiff, Exxon Corp, had claimed the copyright of the word and went on to file an injunction to stop the defendant company from using the word 'Exxon', under Exxon's copyright claim to its own name under English Copyright law, protecting 'original literary works' and further asked the defendant company to remove the word from the company name. However, Judge Oliver decided to not grant the injunction to an infringement of copyright and noted that the word did not qualify for copyright protection as a ...
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David Arnold Scott Cairns
Sir David Arnold Scott Cairns (5 March 1902 – 8 September 1987), was a British judge and Liberal Party (UK), Liberal Party politician. Background Cairns was a son of David Cairns JP, a Freeman of Sunderland and Sarah Scott Cairns. He was educated at Sunderland College, Bede Grammar School for Boys, Sunderland and Pembroke College, Cambridge. In 1932 he married Irene Cathery Phillips. They had one son and two daughters. He was knighted in 1955. He was made a member of the Privy Council in 1970. Political career He was Liberal candidate for the Epsom (UK Parliament constituency), Epsom division of Surrey at the 1947 Epsom by-election. He did not stand for parliament again. However, the following year he was elected to Leatherhead Urban District Council. He served for two three-year terms. He was also actively involved inside the Liberal Party on policy development. From 1948-49 he was Chairman of the Liberal Party Commission on Trade Unions. From 1951-53 he was a memb ...
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Copyright
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights frequently include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution. Copyrights can be granted by public law and are in that case considered "territorial righ ...
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Trademark Case Law
A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. Trademarks used to identify services are sometimes called service marks. The first legislative act concerning trademarks was passed in 1266 under the reign of Henry III of England, requiring all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in the late 19th century. In France, the first comprehensive trademark system in the world was passed into law in 1857. The Trade Marks Act 1938 of the United Kingdom changed the system, permitting registration based on "intent-to-use", creating an examination based process, an ...
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ExxonMobil Litigation
ExxonMobil Corporation (commonly shortened to Exxon) is an American Multinational corporation, multinational List of oil exploration and production companies, oil and gas corporation headquartered in Irving, Texas. It is the largest direct descendant of John D. Rockefeller's Standard Oil, and was formed on November 30, 1999, by the merger of Exxon and Mobil, both of which are used as retail brands, alongside Esso, for fueling stations and downstream products today. The company is Vertical integration, vertically integrated across the entire oil and gas industry, and within it is also a chemicals division which produces plastic, synthetic rubber, and other chemical products. ExxonMobil is incorporated in New Jersey. ExxonMobil's earliest corporate ancestor was Vacuum Oil Company, though Standard Oil is its largest ancestor prior to Standard Oil Co. of New Jersey v. United States, its breakup. The entity today known as ExxonMobil grew out of the Standard Oil Company of New Jersey ...
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Court Of Appeal (England And Wales) Cases
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordinar ...
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1981 In Case Law
Events January * January 1 ** Greece enters the European Economic Community, predecessor of the European Union. ** Palau becomes a self-governing territory. * January 10 – Salvadoran Civil War: The Farabundo Martí National Liberation Front, FMLN launches its first major offensive, gaining control of most of Morazán Department, Morazán and Chalatenango Department, Chalatenango departments. * January 15 – Pope John Paul II receives a delegation led by Polish Solidarity (Polish trade union), Solidarity leader Lech Wałęsa at the Vatican City, Vatican. * January 20 – Iran releases the 52 Americans held for 444 days, minutes after Ronald Reagan is First inauguration of Ronald Reagan, sworn in as the 40th President of the United States, ending the Iran hostage crisis. * January 21 – The first DMC DeLorean, DeLorean automobile, a stainless steel sports car with gull-wing doors, rolls off the production line in Dunmurry, Northern Ireland. * January 24 – An 1981 Dawu ea ...
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1981 In British Law
Events January * January 1 ** Greece enters the European Economic Community, predecessor of the European Union. ** Palau becomes a self-governing territory. * January 10 – Salvadoran Civil War: The Farabundo Martí National Liberation Front, FMLN launches its first major offensive, gaining control of most of Morazán Department, Morazán and Chalatenango Department, Chalatenango departments. * January 15 – Pope John Paul II receives a delegation led by Polish Solidarity (Polish trade union), Solidarity leader Lech Wałęsa at the Vatican City, Vatican. * January 20 – Iran releases the 52 Americans held for 444 days, minutes after Ronald Reagan is First inauguration of Ronald Reagan, sworn in as the 40th President of the United States, ending the Iran hostage crisis. * January 21 – The first DMC DeLorean, DeLorean automobile, a stainless steel sports car with gull-wing doors, rolls off the production line in Dunmurry, Northern Ireland. * January 24 – An 1981 Dawu ea ...
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Market (economics)
In economics, a market is a composition of systems, institutions, procedures, social relations or infrastructures whereby parties engage in exchange. While parties may exchange goods and services by barter, most markets rely on sellers offering their goods or services (including labour power) to buyers in exchange for money. It can be said that a market is the process by which the prices of goods and services are established. Markets facilitate trade and enable the distribution and allocation of resources in a society. Markets allow any tradeable item to be evaluated and priced. A market emerges more or less spontaneously or may be constructed deliberately by human interaction in order to enable the exchange of rights (cf. ownership) of services and goods. Markets generally supplant gift economies and are often held in place through rules and customs, such as a booth fee, competitive pricing, and source of goods for sale (local produce or stock registration). Markets can dif ...
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Trade Mark
A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. Trademarks used to identify services are sometimes called service marks. The first legislative act concerning trademarks was passed in 1266 under the reign of Henry III of England, requiring all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in the late 19th century. In France, the first comprehensive trademark system in the world was passed into law in 1857. The Trade Marks Act 1938 of the United Kingdom changed the system, permitting registration based on "intent-to-use", creating an examination based process, and ...
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English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common la ...
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Companies Act 1948
The Companies Act 1948 (11 & 12 Geo.6 c.38) was an Act of the Parliament of the United Kingdom, which regulated UK company law. Its descendant is the Companies Act 2006. Cases decided under this Act *''Bushell v Faith'' 970AC 1099 *''Scottish Co-operative Wholesale Society Ltd v Meyer ''Scottish Co-operative Wholesale Society Ltd v Meyer'' 959AC 324 is a UK company law case, concerning the predecessor of the unfair prejudice provision, an action for "oppression" under section 210 of the Companies Act 1948 (now section 994 of th ...'' *'' Stonegate Securities Ltd v Gregory'' 980Ch 576 See also * Companies Act Notes {{UK legislation United Kingdom company law United Kingdom Acts of Parliament 1948 1940s economic history ...
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Case Citation
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information. A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper, the citation usually contains the following information: * Court that issued the decision * Report title * Volume number * Page, section, or paragraph number * Publication year In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of the year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has the case reporte ...
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