|
Passing Off
Passing off is a common law tort which can be used to enforce unregistered trade mark rights. The tort of passing off protects the goodwill of a trader from misrepresentation. The law of passing off prevents one trader from misrepresenting goods or services as being the goods and services of another, and also prevents a trader from holding out his or her goods or services as having some association or connection with another when this is not true. Passing off and trade mark law A cause of action for passing off is a form of intellectual property enforcement against the unauthorised use of a get-up (the whole external appearance or look-and-feel of a product, including any marks or other indicia used) which is considered to be similar to that of another party's product, including any registered or unregistered trademarks. Passing off is of particular significance where an action for trade mark infringement based on a registered trade mark is unlikely to be successful (due to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Damages
At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognised for the award of damages. Compensatory damages are further categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, and general damages, which are non-economic damages such as pain and suffering and emotional distress. Rather than being compensatory, at common law damages may instead be nominal, contemptuous or exemplary. History Among the Saxons, a monetary value called a ''weregild'' was assigned to every human being and every piece of property in the Salic Code. If property was stolen or someone was injured or killed, the guilty person had to pay the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sweet & Maxwell
Sweet & Maxwell is a British publisher specialising in legal publications. It joined the Associated Book Publishers in 1969; ABP was purchased by the International Thomson Organization in 1987, and is now part of Thomson Reuters. Its British and Irish group includes W. Green in Scotland and Round Hall in Ireland. Sweet & Maxwell publishes Westlaw-UK, as well as the Lawtel, LocalawUK, Legal Hub, and DocDel on-line services. It also published many well-regarded looseleafs and books. Its flagship print products include the ''White Book'' (publishing the Civil Procedure Rules 1998, along with extensive commentary and additional material) and ''Archbold Criminal Pleading, Evidence and Practice'' (the leading practitioners' text for criminal lawyers in England & Wales and several other common law jurisdictions around the world). In 2003, its Asia division (with headquarters in Hong Kong, Malaysia, and Singapore) won the contract to supply law books to the Hong Kong governme ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
White-label Product
A white-label product is a product or service produced by one company (the producer) that other companies (the marketers) rebrand to make it appear as if they had made it. The name derives from the image of a white label on the packaging that can be filled in with the marketer's trade dress. White label products are sold by retailers with their own trademark but the products themselves are manufactured by a third party. Common use White label production is often used for mass-produced generic products including electronics, consumer products and software packages such as DVD players, televisions, and web applications. Some companies maintain a sub-brand for their goods, for example the same model of DVD player may be sold by Dixons as a ''Saisho'' and by Currys as a '' Matsui'', which are brands exclusively used by those companies. Some websites use white labels to enable a successful brand to offer a service without having to invest in creating the technology and infrastru ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Satyam Infoway Ltd
Satya (nominative ''satyam'') is a central concept in Indian religions that loosely translates into English as "Truth". Satya, Sathya, Satyam or Sathyam may refer to: Film and television * ''Satyam'' (1976 film), a Tamil language film, starring Sivaji Ganesan & Jayachitra * ''Sathyam'' (1980 film), a 1980 Malayalam film starring Sreenath and Shanthi Krishna * ''Sathya'' (1988 film), a 1988 Tamil language film, starring Kamal Haasan * ''Satya'' (1998 film), a 1998 Hindi film directed by Ram Gopal Varma * ''Satyam'' (2003 film), a 2003 Telugu film directed by Surya Kiran, starring Sumanth and Genelia D'Souza * ''Sathyam'' (2004 film), a 2004 Malayalam film starring Prithviraj and Priyamani * ''Satyam'' (2008 film), a Tamil language film * ''Sathya'' (2010 film), an Indian Kannada romance drama film * ''Sathya'' (2017 Tamil film), an Indian Tamil crime thriller * ''Satya'' (2017 film), an Indian Bhojpuri action-romance-drama * ''Sathya'' (2017 Malayalam film), an Indian ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Private Label
A private label, also called a private brand or private-label brand, is a brand owned by a company, offered by that company alongside and competing with brands from other businesses. A private-label brand is almost always offered exclusively by the firm that owns it, although in rare instances the brand is licensed to another company. The brand usually consists of products, but can also encompass services. Private labels typically involve outsourcing, in which company A hires company B to provide them with a product or service, which is then offered under a brand name of company A. This is how the term ''private label'' is usually defined. However, it is also possible that company A owns company B. For example, in 2018, The Kroger Company had 60% of its private brands produced by third parties; the remaining 40% was manufactured internally by plants owned by Kroger. Private-label producers are usually anonymous, sometimes by contract. In other cases, they are allowed to men ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Plagiarism
Plagiarism is the fraudulent representation of another person's language, thoughts, ideas, or expressions as one's own original work.From the 1995 '' Random House Compact Unabridged Dictionary'': use or close imitation of the language and thoughts of another author and the representation of them as one's own original work qtd. in From the Oxford English Dictionary: The action or practice of taking someone else's work, idea, etc., and passing it off as one's own; literary theft. While precise definitions vary, depending on the institution, such representations are generally considered to violate academic integrity and journalistic ethics as well as social norms of learning, teaching, research, fairness, respect and responsibility in many cultures. It is subject to sanctions such as penalties, suspension, expulsion from school or work, substantial fines and even imprisonment. Plagiarism is typically not in itself a crime, but like counterfeiting, fraud can be punished in a court ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Perry V Truefitt
''Perry v Truefitt'' (1842) 6 Beav. 66 is a famous English case where the tort of passing off was first articulated. Leathart made a hair treatment product. He had shown the mixing process to Perry, a perfumer and hair-dresser, who decided to call the mixture "Medicated Mexican Balm". Perry marketed the mixture under the title "Perry's Medicated Mexican Balm". Truefitt, one of Perry's competitors, made a product that was very similar to Perry's mixture, which he marketed under the name "Truefitt's Medicated Mexican Balm", using bottles and labels that looked like Perry's product. Perry filed a bill against Truefitt, arguing that the name "Medicated Mexican Balm" was valuable to his business and that he should have exclusive right to prevent others from using it. The Court denied Perry the right to the name. However, Lord Longdale held that misrepresentation In common law jurisdictions, a misrepresentation is a false or misleading '' R v Kylsant'' 931/ref> statement of fact m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dastar Corp
A dastār ( pa, ਦਸਤਾਰ/دستار, from fa, دستار; ''dast'' or "hand" with the agentive suffix -ār; also known as a ਪੱਗ ''paga'' or ਪੱਗੜੀ ''pagaṛī'' in Punjabi) is an item of headwear associated with Sikhism, and is an important part of Sikh culture. The word is loaned from Persian through Punjabi. In Persian, the word ''dastār'' can refer to any kind of turban and replaced the original word for turban, ''dolband'' (دلبند), from which the English word is derived. Among the Sikhs, the ''dastār'' is an article of faith that represents equality, honour, self-respect, courage, spirituality, and piety. The Khalsa Sikh men and women, who keep the Five Ks, wear the turban to cover their long, uncut hair ('' kesh''). The Sikhs regard the ''dastār'' as an important part of the unique Sikh identity. After the ninth Sikh Guru, Tegh Bahadur, was sentenced to death by the Mughal emperor Aurangzeb, Guru Gobind Singh, the tenth Sikh Guru created the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reverse Passing Off
Passing off is a common law tort which can be used to enforce unregistered trade mark rights. The tort of passing off protects the goodwill of a trader from misrepresentation. The law of passing off prevents one trader from misrepresenting goods or services as being the goods and services of another, and also prevents a trader from holding out his or her goods or services as having some association or connection with another when this is not true. Passing off and trade mark law A cause of action for passing off is a form of intellectual property enforcement against the unauthorised use of a get-up (the whole external appearance or look-and-feel of a product, including any marks or other indicia used) which is considered to be similar to that of another party's product, including any registered or unregistered trademarks. Passing off is of particular significance where an action for trade mark infringement based on a registered trade mark is unlikely to be successful (due to t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Property
Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, redefine, rent, mortgage, pawn, sell, exchange, transfer, give away or destroy it, or to exclude others from doing these things, as well as to perhaps abandon it; whereas regardless of the nature of the property, the owner thereof has the right to properly use it under the granted property rights. In economics and political economy, there are three broad forms of property: private property, public property, and collective property (also called cooperative property). Property that jointly belongs to more than one party may be possessed or controlled thereby in very similar or very distinct ways, whether simply or complexly, whether equally or unequally. However, there is an expectation that each party's will (rather discretion) with ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jamaica
Jamaica (; ) is an island country situated in the Caribbean Sea. Spanning in area, it is the third-largest island of the Greater Antilles and the Caribbean (after Cuba and Hispaniola). Jamaica lies about south of Cuba, and west of Hispaniola (the island containing the countries of Haiti and the Dominican Republic); the British Overseas Territory of the Cayman Islands lies some to the north-west. Originally inhabited by the indigenous Taíno peoples, the island came under Spanish rule following the arrival of Christopher Columbus in 1494. Many of the indigenous people either were killed or died of diseases, after which the Spanish brought large numbers of African slaves to Jamaica as labourers. The island remained a possession of Spain until 1655, when England (later Great Britain) conquered it, renaming it ''Jamaica''. Under British colonial rule Jamaica became a leading sugar exporter, with a plantation economy dependent on the African slaves and later their des ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
.png "Click for more on -> Common Law")
.jpg "Click for more on -> Property")