Nominative Fair Use
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Nominative Fair Use
Nominative use, also "nominative fair use", is a legal doctrine that provides an affirmative defense to trademark infringement as enunciated by the United States Ninth Circuit, by which a person may use the trademark of another as a reference to describe the other product, or to compare it to their own. Nominative use may be considered to be either related to, or a type of "trademark fair use" (sometimes called "classic fair use" or "statutory fair use"). All "trademark fair use" doctrines, however classified, are distinct from the fair use doctrine in copyright law. However, the fair use of a trademark may be protected under copyright laws depending on the complexity or creativity of the mark as a design logo.Pratt, Jacqueline Levasseur. "Not All Is Fair (Use) in Trademarks and Copyrights." ''INTA Bulletin'', Vol 67, No 16. International Trademark Association, 15 September 2012. . 6 December 2015. The nominative use test essentially states that one party may use or refer to ...
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Doctrine
Doctrine (from la, doctrina, meaning "teaching, instruction") is a codification of beliefs or a body of teachings or instructions, taught principles or positions, as the essence of teachings in a given branch of knowledge or in a belief system. The etymological Greek analogue is " catechism". Often the word ''doctrine'' specifically suggests a body of religious principles as promulgated by a church. ''Doctrine'' may also refer to a principle of law, in the common-law traditions, established through a history of past decisions. Religious usage Examples of religious doctrines include: * Christian theology: ** Doctrines such as the Trinity, the virgin birth and atonement ** The Salvation Army ''Handbook of Doctrine'' **Transubstantiation and Marian teachings in Roman Catholic theology. The department of the Roman Curia which deals with questions of doctrine is called the Congregation for the Doctrine of the Faith. ** The distinctive Calvinist doctrine of "double" predesti ...
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New Kids On The Block
New Kids on the Block (also initialized as NKOTB) is an American boy band from Dorchester, Massachusetts. The band consists of brothers Jonathan and Jordan Knight, Joey McIntyre, Donnie Wahlberg, and Danny Wood. New Kids on the Block enjoyed success in the late 1980s and early 1990s and have sold more than 80 million records worldwide, are considered the first modern boy band and are often credited for paving the way for future boy bands such as Take That, Backstreet Boys and *NSYNC. They won two American Music Awards in 1990 for Favorite Pop/Rock Band, Duo, or Group and Favorite Pop/Rock Album. Formed in 1984, New Kids on the Block achieved stardom in 1989, an achievement listed as number 16 on Rolling Stone's ''Top 25 Teen Idol Breakout Moments''. The group disbanded in 1994. In 2007, the group reunited to record an album and mount a concert tour in 2008. From 2010 to 2012, they performed with the Backstreet Boys as NKOTBSB. The group received a star on the Hollyw ...
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Website
A website (also written as a web site) is a collection of web pages and related content that is identified by a common domain name and published on at least one web server. Examples of notable websites are Google Search, Google, Facebook, Amazon (website), Amazon, and Wikipedia. All publicly accessible websites collectively constitute the World Wide Web. There are also private websites that can only be accessed on a intranet, private network, such as a company's internal website for its employees. Websites are typically dedicated to a particular topic or purpose, such as news, education, commerce, entertainment or social networking. Hyperlinking between web pages guides the navigation of the site, which often starts with a home page. User (computing), Users can access websites on a range of devices, including desktop computer, desktops, laptops, tablet computer, tablets, and smartphones. The application software, app used on these devices is called a Web browser. History ...
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HTML
The HyperText Markup Language or HTML is the standard markup language for documents designed to be displayed in a web browser. It can be assisted by technologies such as Cascading Style Sheets (CSS) and scripting languages such as JavaScript. Web browsers receive HTML documents from a web server or from local storage and render the documents into multimedia web pages. HTML describes the structure of a web page semantically and originally included cues for the appearance of the document. HTML elements are the building blocks of HTML pages. With HTML constructs, images and other objects such as interactive forms may be embedded into the rendered page. HTML provides a means to create structured documents by denoting structural semantics for text such as headings, paragraphs, lists, links, quotes, and other items. HTML elements are delineated by ''tags'', written using angle brackets. Tags such as and directly introduce content into the page. Other tags such as surround ...
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Meta Keywords
Meta elements are tags used in HTML and XHTML documents to provide structured metadata about a Web page. They are part of a web page's head section. Multiple Meta elements with different attributes can be used on the same page. Meta elements can be used to specify page description, keywords and any other metadata not provided through the other head elements and attributes. The meta element has two uses: either to emulate the use of an HTTP response header field, or to embed additional metadata within the HTML document. With HTML up to and including HTML 4.01 and XHTML, there were four valid attributes: content, http-equiv, name and scheme. Under HTML 5, charset has been added and scheme has been removed. http-equiv is used to emulate an HTTP header, and name to embed metadata. The value of the statement, in either case, is contained in the content attribute, which is the only required attribute unless charset is given. charset is used to indicate the character set of the document ...
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Terri Welles
Terri Welles (born Terri Knepper; November 21, 1956) is an American actress and adult model. She first appeared on the cover of the May 1980 issue of ''Playboy'', wearing a flight attendant costume to illustrate a pictorial on stewardesses (Welles was a United Airlines stewardess at the time). She subsequently appeared as a centerfold in the December 1980 issue and was named Playmate of the Year for 1981. Her original pictorial was photographed by Richard Fegley. Welles was the inspiration for the "Bobo Weller" character in the film Star 80. Career In 1997 Welles started an online business selling pictures of herself. On her web site she described herself as a former ''Playboy'' model and Playmate of the Year. Playboy Enterprises, which was starting up its own online business at this time, sued Welles in 1998 claiming that it had the exclusive right to use of its trademark terms ''"Playboy"'' and "Playmate of the Year" for commercial purposes. The outcome of the suit, ''Playboy ...
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Playboy Playmate
A Playmate is a female model featured in the centerfold/gatefold of ''Playboy'' magazine as Playmate of the Month (PMOTM). The PMOTM's pictorial includes nude photographs and a centerfold poster, along with a pictorial biography and the "Playmate Data Sheet", which lists her birthdate, measurements, turn-ons, and turn-offs. At the end of the year, one of the 12 Playmates of the Month is named Playmate of the Year (PMOTY). Every Playmate of the Month is awarded a prize of US$25,000 and each Playmate of the Year receives an additional prize of US$100,000 plus a car (specifically, a short-term lease of a car) and other discretionary gifts. In addition, Anniversary Playmates are usually chosen to celebrate a milestone year of the magazine. The use of the word "Playmate" in a sexual sense did not originate with Playboy, and was seen at least as early as 1950 in Vue magazine (vol 1, #1). ''Playboy'' encourages potential Playmates to send photos with "girl next door" appeal for consi ...
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Playboy Enterprises, Inc
''Playboy'' is an American men's Lifestyle magazine, lifestyle and entertainment magazine, formerly in print and currently online. It was founded in Chicago in 1953, by Hugh Hefner and his associates, and funded in part by a $1,000 loan from Hefner's mother. Known for its centerfolds of nude and semi-nude Model (people), models (Playboy Playmate, Playmates), ''Playboy'' played an important role in the sexual revolution and remains one of the world's best-known brands, having grown into Playboy Enterprises, Playboy Enterprises, Inc. (PEI), with a presence in nearly every medium. In addition to the flagship magazine in the United States, special #International editions, nation-specific versions of ''Playboy'' are published worldwide, including those by licensees, such as Dirk Steenekamp's DHS Media Group. The magazine has a long history of publishing short stories by novelists such as Arthur C. Clarke, Ian Fleming, Vladimir Nabokov, Saul Bellow, Chuck Palahniuk, P. G. Wodehouse ...
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Defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdiction to another. In Scots law, the terms "accused" or "panel" are used instead in criminal proceedings and "defender" in civil proceedings. Another term in use is "respondent". Criminal defendants In a criminal trial, a defendant is a person accused ( charged) of committing an offense (a crime; an act defined as punishable under criminal law). The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed. Criminal defendants are often taken into custody by police and brought before a court under an arrest warrant. Criminal defendants are usually obliged to post bail before being released from custody. For serious cases, such as murder, bail may be refused. Defendants must ...
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Opinion Poll
An opinion poll, often simply referred to as a survey or a poll (although strictly a poll is an actual election) is a human research survey of public opinion from a particular sample. Opinion polls are usually designed to represent the opinions of a population by conducting a series of questions and then extrapolating generalities in ratio or within confidence intervals. A person who conducts polls is referred to as a pollster. History The first known example of an opinion poll was a tallies of voter preferences reported on Telegram Messenger to the 1824 presidential election, showing Andrew Jackson leading John Quincy Adams by 335 votes to 169 in the contest for the United States Presidency. Since Jackson won the popular vote in that state and the whole country, such straw votes gradually became more popular, but they remained local, usually citywide phenomena. In 1916, ''The Literary Digest'' embarked on a national survey (partly as a circulation-raising exercise) and correc ...
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9th Cir
9 (nine) is the natural number following and preceding . Evolution of the Arabic digit In the Brahmi numerals, beginning, various Indians wrote a digit 9 similar in shape to the modern closing question mark without the bottom dot. The Kshatrapa, Andhra and Gupta started curving the bottom vertical line coming up with a -look-alike. The Nagari continued the bottom stroke to make a circle and enclose the 3-look-alike, in much the same way that the sign @ encircles a lowercase ''a''. As time went on, the enclosing circle became bigger and its line continued beyond the circle downwards, as the 3-look-alike became smaller. Soon, all that was left of the 3-look-alike was a squiggle. The Arabs simply connected that squiggle to the downward stroke at the middle and subsequent European change was purely cosmetic. While the shape of the glyph for the digit 9 has an Ascender (typography), ascender in most modern typefaces, in typefaces with text figures the character usually has a desc ...
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Affirmative Defense
An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct. In civil lawsuits, affirmative defenses include the statute of limitations, the statute of frauds, waiver, and other affirmative defenses such as, in the United States, those listed in Rule 8 (c) of the Federal Rules of Civil Procedure. In criminal prosecutions, examples of affirmative defenses are self defense, insanity, entrapment and the statute of limitations. Description In an affirmative defense, the defendant may concede that they committed the alleged acts, but they prove other facts which, under the law, either justify or excuse their otherwise wrongful actions, or otherwise overcomes the plaintiff's claim. In criminal law, an affirmative defense is sometimes called a justification or excuse defense. ...
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