Confusingly Similar
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Confusingly Similar
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 In many jurisdictions this test has been superseded by the concepts of similarity and likelihood of confusion, due to the harmonizing effects of the Agreement on Trade-Related Aspects of Intellectual Property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 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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Liberal Democrats (UK)
The Liberal Democrats (commonly referred to as the Lib Dems) are a liberal political party in the United Kingdom. Since the 1992 general election, with the exception of the 2015 general election, they have been the third-largest UK political party by the number of votes cast. They have 14 Members of Parliament in the House of Commons, 83 members of the House of Lords, four Members of the Scottish Parliament and one member in the Welsh Senedd. The party has over 2,500 local council seats. The party holds a twice-per-year Liberal Democrat Conference, at which party policy is formulated, with all party members eligible to vote, under a one member, one vote system. The party served as the junior party in a coalition government with the Conservative Party between 2010 and 2015; with Scottish Labour in the Scottish Executive from 1999 to 2007, and with Welsh Labour in the Welsh Government from 2000 to 2003 and from 2016 to 2021. In 1981, an electoral alliance was established b ...
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Richard Huggett
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 for children in Hampshire.Peter Dunn, "Party officials find literal truth is hard to take", ''The Independent'', 14 June 1994. The school closed down in 1993 when the lease ran out on the building. He was a father of four, and had produced a first education video. 1994 European Parliament el ...
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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 tr ...
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Microsoft Vs
Microsoft Corporation is an American multinational technology corporation producing computer software, consumer electronics, personal computers, and related services headquartered at the Microsoft Redmond campus located in Redmond, Washington, United States. Its best-known software products are the Windows line of operating systems, the Microsoft Office suite, and the Internet Explorer and Edge web browsers. Its flagship hardware products are the Xbox video game consoles and the Microsoft Surface lineup of touchscreen personal computers. Microsoft ranked No. 21 in the 2020 Fortune 500 rankings of the largest United States corporations by total revenue; it was the world's largest software maker by revenue as of 2019. It is one of the Big Five American information technology companies, alongside Alphabet, Amazon, Apple, and Meta. Microsoft was founded by Bill Gates and Paul Allen on April 4, 1975, to develop and sell BASIC interpreters for the Altair 8800. It rose to do ...
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Apple Corps V
An apple is an edible fruit produced by an apple tree (''Malus domestica''). Apple trees are cultivated worldwide and are the most widely grown species in the genus ''Malus''. The tree originated in Central Asia, where its wild ancestor, ''Malus sieversii'', is still found today. Apples have been grown for thousands of years in Asia and Europe and were brought to North America by European colonists. Apples have religious and mythological significance in many cultures, including Norse, Greek, and European Christian tradition. Apples grown from seed tend to be very different from those of their parents, and the resultant fruit frequently lacks desired characteristics. Generally, 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 size of the resulting tree, allowing for easier harvesting. There are more th ...
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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 confusibility, and says nothing about less clear examples, the phrase is sometimes referred to as a "test". UK Origin The phrase was first used by Mr Justice 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 prev ...
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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, Bernier left the caucus in 2018 to form the PPC. He was the member of Parliament (MP) for Beauce from 2006 to 2019 and served as a Cabinet minister in the Harper government. Prior to entering politics, Bernier worked in law, finance and banking. He was first elected to the House of Commons as a Conservative in the 2006 election in the same riding his father, Gilles Bernier, had represented from 1984 to 1997. Bernier held a number of portfolios in Prime Minister Stephen Harper's Cabinet. He was industry minister from 2006 to 2007 before being promoted to foreign affairs minister until he stepped down in 2008 after failing to secure confidential documents. He continued to sit as a back-bench MP until 2011, when he was appointed as Minister of State for small business and tourism. Following the 2015 e ...
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People's Party Of Canada
The People's Party of Canada (french: Parti populaire du Canada, PPC) is a right-wing populist 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 on the right-wing to far right of the left–right 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. The PPC formed electoral district associations (EDAs) in 326 ridings, and ran candidates in 315 ridings, of Canada's total 338 ridings, in the 2019 federal election; 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; none were elected to parliament, despite it increasing its share ...
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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 Whites 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 municipalities of Beauce-Sartigan and Robert-Cliche; that part of the Regional County Municipality of Les Etchemins comprises the municipalities of Sainte-Aurélie, Saint-Benjamin, Saint-Prosper and Saint-Zacharie; the Regional County Municipality of La Nouvelle-Beauce, excepting the Parish Municipality of Saint-La ...
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Rhinoceros Party
The Rhinoceros Party (sometimes referred to in English as the Second Rhinoceros Party), officially the Parti Rhinocéros Party, is a Canadian federal-level political party. It was known as neorhino.ca until 2010, when the party changed its name, registering a new party logo. It was created in Montreal on May 21, 2006, and recognized by Elections Canada as being eligible for registration on August 16, 2007, and an official political party on August 23, 2007. It is the successor to the Rhinoceros Party of Canada. The party was founded by François "Yo" Gourd, who was involved with the original incarnation of the First Rhinoceros Party. He has said that he named the new party (then under the name "neorhino") for the Rhinoceros Party and for Neo, the ''Matrix'' character. The party is 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 ...
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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. 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 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 1989 ACT election
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