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Spalding V Gamage
''AG Spalding and Bros v AW Gamage Ltd'', (1915) 84 LJ Ch 449, (1915) 113 LT 198, (1915) 31 TLR 328, 914-15All ER Rep 147, (1915) 32 RPC 273, is a leading decision of the House of Lords on the tort of passing off. The Court established a three-part test for a successful claim of passing off. First, the claimant's product must have goodwill. Second, there must be a misrepresentation by the defendant's product, and third, there must be damages inflicted upon the claimant. See also * List of trademark case law This list contains an alphabetical listing of historically significant or leading case law in the area of US trademark law. A * '' Anheuser-Busch, Inc. v. L & L Wings, Inc.'' 962 F.2d 316 (4th Cir. 1992) * '' Abercrombie & Fitch Co. v. Hunt ... 1915 in case law House of Lords cases 1915 in British law English law articles needing infoboxes {{Case-law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
House Of Lords
The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. The House of Lords scrutinises Bill (law), bills that have been approved by the House of Commons. It regularly reviews and amends bills from the Commons. While it is unable to prevent bills passing into law, except in certain limited circumstances, it can delay bills and force the Commons to reconsider their decisions. In this capacity, the House of Lords acts as a check on the more powerful House of Commons that is independent of the electoral process. While members of the Lords may also take on roles as government ministers, high-ranking officials such as cabinet ministers are usually drawn from the Commons. The House of Lo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from cus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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] |
List Of Trademark Case Law
This list contains an alphabetical listing of historically significant or leading case law in the area of US trademark law. A * '' Anheuser-Busch, Inc. v. L & L Wings, Inc.'' 962 F.2d 316 (4th Cir. 1992) * '' Abercrombie & Fitch Co. v. Hunting World'' 537 F.2d 4 (2nd Cir. 1976) (established the spectrum of trademark distinctiveness in the United States, breaking trademarks into classes which are accorded differing degrees of protection) * '' Aycock Engineering v. Airflite, Inc.'' 560 F.3d 1350 (Fed. Cir. 2009) B * '' Barclays Capital Inc. v. Theflyonthewall.com'' 650 F.3d 876 (2d Cir. 2011) ("hot news" misappropriation is preempted by copyright law where claims fall within the scope of the Copyright Act) * '' Blue Bell, Inc. v. Farah Manufacturing Co.'' 508 F.2d 1260 (5th Cir. 1975) C * '' Cashmere & Camel Hair Manufacturers Institute v. Saks Fifth Avenue'' 284 F.3d 302 (1st Cir. 2002) * '' Ciba-Geigy Canada Ltd. v. Apotex Inc.'' 9923 S.C.R. 120 * '' Cliffs Notes, Inc. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1915 In Case Law
Events Below, the events of World War I have the "WWI" prefix. January *January – British physicist Sir Joseph Larmor publishes his observations on "The Influence of Local Atmospheric Cooling on Astronomical Refraction". *January 1 ** WWI: British Royal Navy battleship HMS ''Formidable'' is sunk off Lyme Regis, Dorset, England, by an Imperial German Navy U-boat, with the loss of 547 crew. ** Battle of Broken Hill: A train ambush near Broken Hill, New South Wales, Australia, is carried out by two men (claiming to be in support of the Ottoman Empire) who are killed, together with 4 civilians. * January 5 – Joseph E. Carberry sets an altitude record of , carrying Capt. Benjamin Delahauf Foulois as a passenger, in a fixed-wing aircraft. * January 12 ** The United States House of Representatives rejects a proposal to give women the right to vote. ** '' A Fool There Was'' premières in the United States, starring Theda Bara as a ''femme fatale''; she quickly becomes one o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
House Of Lords Cases
A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air conditioning systems.Schoenauer, Norbert (2000). ''6,000 Years of Housing'' (rev. ed.) (New York: W.W. Norton & Company). Houses use a range of different roofing systems to keep precipitation such as rain from getting into the dwelling space. Houses may have doors or locks to secure the dwelling space and protect its inhabitants and contents from burglars or other trespassers. Most conventional modern houses in Western cultures will contain one or more bedrooms and bathrooms, a kitchen or cooking area, and a living room. A house may have a separate dining room, or the eating area may be integrated into another room. Some large houses in North America have a recreation room. In traditional agriculture-oriented societies, domestic animals such a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1915 In British Law
Events Below, the events of World War I have the "WWI" prefix. January * January – British physicist Sir Joseph Larmor publishes his observations on "The Influence of Local Atmospheric Cooling on Astronomical Refraction". *January 1 ** WWI: British Royal Navy battleship HMS ''Formidable'' is sunk off Lyme Regis, Dorset, England, by an Imperial German Navy U-boat, with the loss of 547 crew. ** Battle of Broken Hill: A train ambush near Broken Hill, New South Wales, Australia, is carried out by two men (claiming to be in support of the Ottoman Empire) who are killed, together with 4 civilians. * January 5 – Joseph E. Carberry sets an altitude record of , carrying Capt. Benjamin Delahauf Foulois as a passenger, in a fixed-wing aircraft. * January 12 ** The United States House of Representatives rejects a proposal to give women the right to vote. ** '' A Fool There Was'' premières in the United States, starring Theda Bara as a '' femme fatale''; she quickly becomes o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
