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Confusing Similarity
In trademark law, confusing similarity is a test used during the examination process to determine whether a trademark conflicts with another, earlier mark, and also in trademark infringement proceedings to determine whether the use of a mark infringes a registered trademark. In many jurisdictions this test has been superseded by the concepts of similarity and likelihood of confusion, due to the harmonizing effects of the Agreement on Trade-Related Aspects of Intellectual Property Rights. Infringement Where mark X is not identical to a registered trademark, the use of mark X may still amount to an infringement if it is "confusingly similar" to the registered trademark. Mark X may share elements of spelling or style that would lead a reasonable observer to believe the trademarks were related. For example, in the computer industry, Microsoft has become such a well known trade name and trade mark that other businesses in the industry may want to use the term "micro" or "soft" in the ...
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Trademark
A trademark (also written trade mark or trade-mark) is a form of intellectual property that consists of a word, phrase, symbol, design, or a combination that identifies a Good (economics and accounting), product or Service (economics), service from a particular source and distinguishes it from others. Trademarks can also extend to non-traditional marks like drawings, symbols, 3D shapes like product designs or packaging, sounds, scents, or specific colours used to create a unique identity. For example, Pepsi® is a registered trademark associated with soft drinks, and the distinctive shape of the Coca-Cola® bottle is a registered trademark protecting Coca-Cola's packaging design. The primary function of a trademark is to identify the source of goods or services and prevent consumers from confusing them with those from other sources. Legal protection for trademarks is typically secured through registration with governmental agencies, such as the United States Patent and Trademark ...
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Liberal Democrats (UK)
The Liberal Democrats, colloquially known as the Lib Dems, are a Liberalism, liberal political party in the United Kingdom, founded in 1988. They are based at Liberal Democrat Headquarters (UK), Liberal Democrat Headquarters, in Westminster, and the leader is Ed Davey. They are the third-largest political party in the United Kingdom, party in the United Kingdom, with 72 Member of Parliament (United Kingdom), members of Parliament (MPs) in the House of Commons of the United Kingdom, House of Commons. They have members of the House of Lords, 5 in the Scottish Parliament, 1 in the Welsh Senedd, and more than 3,000 local council seats. The party holds a twice yearly Liberal Democrat Conference, at which policy is formulated. In contrast to its main opponents, the Lib Dems Liberal Democrat Conference#All-member Conference voting system, grant all members attending Conference the right to vote on policy, under a one member, one vote#United Kingdom, one member, one vote system. The p ...
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Richard Huggett (political Candidate)
Richard John Huggett (born January 1944) is a British former teacher who has been a candidate in a number of elections, using descriptions which were similar to those of established political parties, leading to this practice being outlawed under the Registration of Political Parties Act 1998. Background Huggett studied psychology and zoology at the University of London and obtained a diploma in social and administrative studies. He lived for about 10 years in the South of France where he built yachts.Sally Weale, David Hencke, "Literal candidate denies acting as Tory stooge", ''The Guardian'', 15 June 1994. Huggett was reported to have been an intelligence officer, who from 1989 ran a school in Hampshire, which closed down when the lease on its premises expired.Peter Dunn, "Party officials find literal truth is hard to take", ''The Independent'', 14 June 1994. 1994 European Parliament election At the European Parliament Election, 1994, Huggett was nominated under the label "Lit ...
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Counteraction Principle
The counteraction principle or counteraction theory is a legal principle which relates to the use of intellectual property where two marks are phonetically similar and where such a situation could lead to public confusion between brands. Relevant issues Holders of trademarks are able to contest the registration of similar trademarks on multiple grounds; one of which is public confusion. On the basis of public confusion, the counteraction principle (in essence) will not hinder companies using trademarks which are similar to those of famous marks. This is because most famous marks are likely to be easily identifiable, and therefore not likely to lead to confusion from the general public. Relevant cases Ruiz-Picasso and Others v OHIM In Ruiz-Picasso and Others v OHIM 006ECR I-643, the estate of Pablo Picasso argued that Daimler Chrysler infringed upon the Picasso trademark when it licensed PSA Peugeot Citroën to use the trademark Picaro on one its models. The estate argued that the ...
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Microsoft Vs
Microsoft Corporation is an American multinational corporation and technology conglomerate headquartered in Redmond, Washington. Founded in 1975, the company became influential in the rise of personal computers through software like Windows, and the company has since expanded to Internet services, cloud computing, video gaming and other fields. Microsoft is the largest software maker, one of the most valuable public U.S. companies, and one of the most valuable brands globally. Microsoft was founded by Bill Gates and Paul Allen to develop and sell BASIC interpreters for the Altair 8800. It rose to dominate the personal computer operating system market with MS-DOS in the mid-1980s, followed by Windows. During the 41 years from 1980 to 2021 Microsoft released 9 versions of MS-DOS with a median frequency of 2 years, and 13 versions of Windows with a median frequency of 3 years. The company's 1986 initial public offering (IPO) and subsequent rise in its share price created ...
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Apple Corps V
An apple is a round, edible fruit produced by an apple tree (''Malus'' spp.). Fruit trees of the orchard or domestic apple (''Malus domestica''), the most widely grown in the genus, are cultivated worldwide. The tree originated in Central Asia, where its wild ancestor, ''Malus sieversii'', is still found. Apples have been grown for thousands of years in Eurasia before they were introduced to North America by European colonists. Apples have cultural significance in many mythologies (including Norse and Greek) and religions (such as Christianity in Europe). Apples grown from seeds tend to be very different from those of their parents, and the resultant fruit frequently lacks desired characteristics. For commercial purposes, including botanical evaluation, apple cultivars are propagated by clonal grafting onto rootstocks. Apple trees grown without rootstocks tend to be larger and much slower to fruit after planting. Rootstocks are used to control the speed of growth and the s ...
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A Moron In A Hurry
"A moron in a hurry" is a phrase that has been used in legal cases, especially in the UK, involving trademark infringement and passing off. Where one party alleges that another (the defendant) has infringed their intellectual property rights by offering for sale a product that is confusably similar to their own, the court has to decide whether a reasonable person would be misled by the defendant's trademark or the get-up of their product. It has been held that "if only a moron in a hurry would be misled" the case is not made out. Although this formulation addresses only fairly extreme instances of confusability, and says nothing about less clear examples, the phrase is sometimes referred to as a "test". United Kingdom Origin The phrase was first used by Peter Foster in the 1978 English High Court case ''Morning Star Cooperative Society v Express Newspapers Limited'', in which the publishers of the ''Morning Star'', a British Communist Party publication, sought an injunction to ...
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Maxime Bernier
Maxime Bernier (; born January 18, 1963) is a Canadian politician who is the founder and leader of the People's Party of Canada (PPC). Formerly a member of the Conservative Party of Canada, Conservative Party, Bernier left the caucus in 2018 to form the PPC. He was the Member of Parliament (Canada), member of Parliament (MP) for Beauce (electoral district), Beauce from 2006 to 2019 and served as a Cabinet minister in the 28th Canadian Ministry, Harper government. Before entering politics, Bernier worked in law, finance and banking. He was first elected to the Canadian House of Commons, House of Commons as a Conservative in the 2006 Canadian federal election, 2006 election in the same riding his father, Gilles Bernier (Quebec politician), Gilles Bernier, had represented from 1984 to 1997. Bernier held a number of portfolios in Prime Minister Stephen Harper's Cabinet. He was Minister of Innovation, Science and Industry, industry minister from 2006 to 2007 before being promoted to ...
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People's Party Of Canada
The People's Party of Canada (PPC; ) is a federal political party in Canada. The party was formed by Maxime Bernier in September 2018, shortly after his resignation from the Conservative Party of Canada. It is placed from the right to the far-right on the political spectrum. Bernier, a former candidate for the 2017 Conservative Party of Canada leadership election and cabinet minister, was the party's only Member of Parliament (MP) from its founding in 2018 to his defeat in the 2019 Canadian federal election. In that election, the PPC formed electoral district associations in 326 ridings, and ran candidates in 315 ridings, of Canada's total 338 ridings; however, no candidate was elected under its banner and Bernier lost his bid for personal re-election in Beauce. The party ran 312 candidates in the 2021 Canadian federal election; the party increased its share of the popular vote to nearly 5%, but again elected no MPs. In the 2025 Canadian federal election, it achieved its ...
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Beauce (electoral District)
Beauce () is a federal electoral district in Quebec, Canada, that has been represented in the House of Commons of Canada since 1867. In 2006, it had a population of 103,617 people, of whom 82,123 were eligible voters. The Beauce riding has the highest percentage of people who answered "Canadian" as their ethnic origin in the 2006 Census (84.0%; multiple responses). It is also the riding with the highest percentage of White people of European descent (99.3%). Geography The riding is located in Central Quebec, to the south of Quebec City and covers the centre of Beauce, straddling the Quebec region of Chaudière-Appalaches. The electoral district has the regional county municipality of Beauce-Sartigan; the Regional County of Beauce-Centre, excepting the area of the former municipality of Courcelles; that part of the Regional County Municipality of Les Etchemins comprises the municipalities of Sainte-Aurélie, Saint-Benjamin, Saint-Prosper and Saint-Zacharie; the Regio ...
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Rhinoceros Party
The Rhinoceros Party, officially the Parti Rhinocéros Party, is a Canadian federal political party. It originally existed from 1963 to 1993. It was refounded in Montreal on May 21, 2006, and was registered with Elections Canada on August 23, 2007. It was known as neorhino.ca until 2010 when the party changed its name and logo. The 2006 incarnation was founded by François "Yo" Gourd, who was involved with the original incarnation of the Rhinoceros Party. He has said that he named the new party (then under the name "neorhino") after the Rhinoceros Party and Neo, the ''Matrix'' character. From 2014 until 2024, the party was led by Sébastien Côrriveau (who used the names "Sébastien CôRhino Côrriveau" and "Sébastien CoRhino" when running in the 2015 and 2019 federal elections, respectively). It promises, like its predecessor, not to keep any of its promises if elected. Rhinoceros Party of Canada (1963–1993) The Rhinoceros Party () was a registered political party in Ca ...
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List Of Frivolous Political Parties
A frivolous party or a joke party is a political party which has been created for the purposes of entertainment or political satire. Such a party may or may not have a serious point behind its activities. Many countries have had a Pirate Party which could be considered frivolous. This is a list of frivolous political parties. Some more serious political parties, such as the Rent Is Too Damn High Party, may use the same tactics and humorous approaches to politics as their more frivolous counterparts but aim to address legitimate sociopolitical issues, something that some frivolous parties do not do. Australia * Deadly Serious Party (deregistered in 1988) * Imperial British Conservative Party (see also: Cecil G. Murgatroyd, defunct) * Party! Party! Party! (defunct)List of parties competing in the ...
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