|
Imperial Group V. Philip Morris
''Imperial Group plc v Philip Morris Ltd'', 1982 FSR 72, was a case of the Court of Appeal of England and Wales. The plaintiff endeavoured to register the trade mark "MERIT" for cigarette products, but was unable to do so on the grounds that the trade mark was too descriptive. Instead, it registered the mark "NERIT", without any intention of using the mark, but in order to prevent other traders from using the mark "MERIT" because it would be considered too similar to the registered mark "NERIT". The intention was to obtain a de facto monopoly over the unregisterable mark "MERIT". The defendant began using the mark "MERIT" for cigarettes and was sued by the plaintiff for infringing its mark "NERIT". The court struck down the registration for "NERIT" on the basis that the plaintiff had no genuine intention to use the mark (despite some "trivial and insubstantial" efforts at launching a NERIT-branded product). See also * Ghost mark Ghost marks are trademarks which closely simula ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of England And Wales
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Courts of England and Wales#Senior Courts of England and Wales, Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lord Chief Justice of England and Wales, Lord Chief Justice and the Master of the Rolls, Master of the Rolls and Records of the Chancery of England respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court (England and Wales), County Court, High Court of Justice and Family Court (England and Wales ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cigarette
A cigarette is a narrow cylinder containing a combustible material, typically tobacco, that is rolled into thin paper for smoking. The cigarette is ignited at one end, causing it to smolder; the resulting smoke is orally inhaled via the opposite end. Cigarette smoking is the most common method of tobacco consumption. The term ''cigarette'', as commonly used, refers to a tobacco cigarette, but the word is sometimes used to refer to other substances, such as a cannabis cigarette or an herbal cigarette. A cigarette is distinguished from a cigar by its usually smaller size, use of processed leaf, and paper wrapping, which is typically white. Since the 1920s, scientists and doctors have been able to link smoking with respiratory illness. Researchers have identified negative health effects from smoking cigarettes such as cancer, chronic obstructive pulmonary disease (COPD), heart disease, and other health problems relating to nearly every organ of the body. Nicotine, the psycho ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Monopoly
A monopoly (from Greek language, Greek el, μόνος, mónos, single, alone, label=none and el, πωλεῖν, pōleîn, to sell, label=none), as described by Irving Fisher, is a market with the "absence of competition", creating a situation where a specific person or company, enterprise is the only supplier of a particular thing. This contrasts with a monopsony which relates to a single entity's control of a Market (economics), market to purchase a good or service, and with oligopoly and duopoly which consists of a few sellers dominating a market. Monopolies are thus characterized by a lack of economic Competition (economics), competition to produce the good (economics), good or Service (economics), service, a lack of viable substitute goods, and the possibility of a high monopoly price well above the seller's marginal cost that leads to a high monopoly profit. The verb ''monopolise'' or ''monopolize'' refers to the ''process'' by which a company gains the ability to raise ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ghost Mark
Ghost marks are trademarks which closely simulate ordinary words or phrases used in the course of trade, and which are not intended to be used as genuine trade marks. Examples In the case of ''Imperial Group v. Philip Morris'' 1982 FSR 72, the plaintiff endeavored to register the trade mark "MERIT" for cigarette products, but was unable to do so on the grounds that the trade mark was too descriptive. Instead, it registered the mark "NERIT", without any intention of using the mark, but in order to prevent other traders from using the mark "MERIT" because it would be considered too similar to the registered mark "NERIT". The intention was the obtain a de facto monopoly over the unregisterable mark "MERIT". The defendant began using the mark "MERIT" for cigarettes and was sued by the plaintiff for infringing its mark "NERIT". The court struck down the registration for "NERIT" on the basis that the plaintiff had no genuine intention to use the mark (despite some "trivial and insu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tobacco In The United Kingdom
In the United Kingdom, smoking is legally permitted, with certain conditions set from laws enacted separately in England, Wales, Scotland and Northern Ireland. It is illegal to smoke tobacco in enclosed public places, such as restaurants, shops or pubs, under the Health Act 2006 for England and Wales, the Smoking (Northern Ireland) Order 2006 for Northern Ireland and the Smoking, Health and Social Care (Scotland) Act 2005 for Scotland. It is also illegal to smoke in a car if one is transporting people under 18 or if a vehicle is being used for work purposes. Smoking is prevalent among a sizeable, but continuously reducing minority of the population. It has been argued that smoking puts considerable strain upon the NHS due to the health problems which can be directly linked with smoking. Successive UK Governments have endeavoured to reduce the prevalence of smoking. As part of this commitment, the NHS currently offers free help to smokers who want to quit. Prevalence In 1962, ov ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tobacco Case Law
Tobacco is the common name of several plants in the genus '' Nicotiana'' of the family Solanaceae, and the general term for any product prepared from the cured leaves of these plants. More than 70 species of tobacco are known, but the chief commercial crop is ''N. tabacum''. The more potent variant ''N. rustica'' is also used in some countries. Dried tobacco leaves are mainly used for smoking in cigarettes and cigars, as well as pipes and shishas. They can also be consumed as snuff, chewing tobacco, dipping tobacco, and snus. Tobacco contains the highly addictive stimulant alkaloid nicotine as well as harmala alkaloids. Tobacco use is a cause or risk factor for many deadly diseases, especially those affecting the heart, liver, and lungs, as well as many cancers. In 2008, the World Health Organization named tobacco use as the world's single greatest preventable cause of death. Etymology The English word ''tobacco'' originates from the Spanish word "tabaco". T ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Philip Morris Litigation
Philip, also Phillip, is a male given name, derived from the Greek (''Philippos'', lit. "horse-loving" or "fond of horses"), from a compound of (''philos'', "dear", "loved", "loving") and (''hippos'', "horse"). Prominent Philips who popularized the name include kings of Macedonia and one of the apostles of early Christianity. ''Philip'' has many alternative spellings. One derivation often used as a surname is Phillips. It was also found during ancient Greek times with two Ps as Philippides and Philippos. It has many diminutive (or even hypocoristic) forms including Phil, Philly, Lip, Pip, Pep or Peps. There are also feminine forms such as Philippine and Philippa. Antiquity Kings of Macedon * Philip I of Macedon * Philip II of Macedon, father of Alexander the Great * Philip III of Macedon, half-brother of Alexander the Great * Philip IV of Macedon * Philip V of Macedon New Testament * Philip the Apostle * Philip the Evangelist Others * Philippus of Croton (c. 6th centur ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Imperial Brands
Imperial Brands plc (formerly Imperial Tobacco Group plc), is a British multinational tobacco company headquartered in Bristol, England. It is the world's fourth-largest international cigarette company measured by market share after Philip Morris International, British American Tobacco, and Japan Tobacco, and the world's largest producer of fine-cut tobacco and tobacco papers. Imperial Brands produces over 320 billion cigarettes per year, has 51 factories worldwide, and its products are sold in over 160 countries. Its brands include Davidoff, West, Gauloises Blondes, Montecristo, Golden Virginia (the world's best-selling hand rolling tobacco), Drum (the world's second-largest-selling fine-cut tobacco), and Rizla (the world's best-selling rolling paper). Imperial Brands is listed on the London Stock Exchange and is a constituent of the FTSE 100 Index. It had a market capitalization around £18.5 billion as of 4 June 2019, the 28th-largest of any company with a prima ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1982 In United Kingdom Case Law
__NOTOC__ Year 198 (CXCVIII) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar. At the time, it was known as the Year of the Consulship of Sergius and Gallus (or, less frequently, year 951 ''Ab urbe condita''). The denomination 198 for this year has been used since the early medieval period, when the Anno Domini The terms (AD) and before Christ (BC) are used to label or number years in the Julian and Gregorian calendars. The term is Medieval Latin and means 'in the year of the Lord', but is often presented using "our Lord" instead of "the Lord", ... calendar era became the prevalent method in Europe for naming years. Events By place Roman Empire *January 28 **Publius Septimius Geta, son of Septimius Severus, receives the title of Caesar (title), Caesar. **Caracalla, son of Septimius Severus, is given the title of Augustus (title), Augustus. China *Winter – Battle of Xiapi: The allied armies led by Cao ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
