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Passing Off
In common law countries such as the United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain,Usage is mixed. The Guardian' and Telegraph' use Britain as a synonym for the United Kingdom. Some prefer to use Britain as shorth ..., the Philippines The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no), * bik, Republika kan Filipinas * ceb, Republika sa Pilipinas * cbk, República de Filipinas * hil, Republ ... and New Zealand New Zealand ( mi, Aotearoa ''Aotearoa'' (; commonly pronounced by English English usually refers to: * English language English is a West Germanic languages, West Germanic language first spoken in History of Anglo-Saxon Engl ..., passing off is a common law In law, common law (also known as judicial precedent or judge-made law, or case law Case law is the collection of pa ...
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United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain,Usage is mixed. The Guardian' and Telegraph' use Britain as a synonym for the United Kingdom. Some prefer to use Britain as shorthand for Great Britain Great Britain is an island in the North Atlantic Ocean off the northwest coast of continental Europe. With an area of , it is the largest of the British Isles, the List of European islands by area, largest European island, and the List of i .... The British Cabinet Office The Cabinet Office is a department Department may refer to: * Departmentalization, division of a larger organization into parts with specific responsibility Government and military *Department (country subdivision), a geographical and admini ...'s Government Digital Service The Government Digital Service is a unit of the Government of the United Kingdom's Cabinet Office tasked with transforming the provision of online public serv ...
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Reckitt & Colman Products Ltd V Borden Inc
''Reckitt & Colman Ltd v Borden Inc'' [1990] 1 All E.R. 873, – also known as the Jif Lemon case – is a leading decision of the House of Lords on the tort of passing off. The Court reaffirmed the three part test (reputation and goodwill, misrepresentation, and damage) in order to establish a Claim (legal), claim of passing off. Background per Christopher Slade, Slade LJ: Reckitt Benckiser, Reckitt, sold lemon juice under the name "Jif (lemon juice), Jif Lemon" which came in plastic yellow container that was shaped like a lemon. Borden, a competitor, started to produce lemon juice in a similar lemon-shaped plastic container that was only slightly larger with a flattened side. Reckitt sued Borden for passing off their product as Jif Lemon juice. At trial the Court found in favour of Reckitt, which was subsequently upheld at the Court of Appeal of England and Wales, Court of Appeal. Opinion of the Court At the House of Lords, the Court upheld the previous judgments. ...
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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), ''Satyam'' (1976 film), a Tamil language film, starring Sivaji Ganesan & Jayachitra * Sathyam (1980 film), ''Sathyam'' (1980 film), a 1980 Malayalam film starring Sreenath and Shanthi Krishna * Sathya (1988 film), ''Sathya'' (1988 film), a 1988 Tamil language film, starring Kamal Haasan * Satya (1998 film), ''Satya'' (1998 film), a 1998 Hindi film directed by Ram Gopal Varma * Satyam (2003 film), ''Satyam'' (2003 film), a 2003 Telugu film directed by Surya Kiran, starring Sumanth and Genelia D'Souza * Sathyam (2004 film), ''Sathyam'' (2004 film), a 2004 Malayalam film starring Prithviraj and Priyamani * Satyam (2008 film), ''Satyam'' (2008 film), a Tamil language film * Sathya (2010 film), ''Sathya'' (2010 film), an Indian Kannada romance drama film * Sathya (2017 Tamil film ...
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Private Label
Private label products are those manufactured by one company for sale under another company's brand A brand is a name, term, design, symbol or any other feature that identifies one seller's good or service as distinct from those of other sellers. Brands are used in business, marketing, and advertising for recognition and, importantly, to cre .... Private-label goods are available in a wide range of industries from food Food is any substance consumed to provide Nutrient, nutritional support for an organism. Food is usually of plant, animal or Fungus, fungal origin, and contains essential nutrients, such as carbohydrates, fats, protein (nutrient), proteins, vi ... to cosmetics Cosmetics are constituted mixtures of chemical compound A chemical compound is a chemical substance A chemical substance is a form of matter In classical physics and general chemistry, matter is any substance that has mass and take .... Private label brands managed solely by a re ...
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Plagiarism
Plagiarism is the representation of another author An author is the creator or originator of any written work such as a book A book is a medium for recording information Information is processed, organised and structured data Data (; ) are individual facts, statistics, or item ...'s language, thoughts, ideas, or expressions as one's own original work Originality is the aspect of created or invented works as being new or novel, and thus replica, reproductions, clones, forgery, forgeries, or derivative works. An original work is one not received from others nor one copied from or based upon th ....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 ''Oxford English Dictionary'' (''OED'') is the principal historical dictionary A historical dictionary or dictionary on h ...
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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 can be grounds for an injunction, stating that "a man is not to sell his own goods under the pretence that they are the goods ...
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Dastar Corp
A dastār ( pa, ਦਸਤਾਰ/دستار, from fa, دستار) which derives from ''dast-e-yār'' or "the hand of God", is an item of headwear associated with Sikhism, and is an important part of Sikh culture. The word is loaned from Persian language, Persian through Punjabi language, 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 The Five Ks, Five Ks, wear the turban to cover their long, uncut hair (''Kesh (Sikhism), kesh''). The Sikhs regard the ''dastār'' as an important part of the unique Sikh identity. After the ninth Sikh Guru, Guru Tegh Bahadur, Tegh Bahadur, was sentenced to death by the Mughal Empire, Mughal emperor Aurangzeb, Guru Gobind Singh, the ten ...
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Reverse Passing Off
In common law countries such as the United Kingdom, the Philippines and New Zealand, 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 (accounting), 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 indica 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 a ...
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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 ''Rent'' (stylized as ''RENT'') is a rock musical with music, lyrics, and book by Jonathan Larson Jonathan David Larson (February 4, 1960 – January 25, 1996) was an American composer and playwright noted for exploring the social issues ..., mortgage A mortgage loan or simply mortgage () is a loan In finance, a loan is the lending of money by one or more individuals, organizations, or other entities to other individuals, organizations etc. The recipient (i.e., the borrower) incurs a ..., pawn Pawn may refer to: Places * Pawn, Oregon, an historic forest community * Pawn River, Burma * Noatak Airport, International Civil Aviation Organization code PAWN Arts, entertainment, and media * Pawn (chess), ...
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Jamaica
Jamaica (; ) is an island country An island country or an island nation is a country A country is a distinct territory, territorial body or political entity. It is often referred to as the land of an individual's birth, residence or citizenship. A country may be an indepe ... situated in the Caribbean Sea The Caribbean Sea ( es, Mar Caribe; french: Mer des Caraïbes; ht, Lamè Karayib; jam, Kiaribiyan Sii; nl, Caraïbische Zee; pap, Laman Karibe) is an Americas, American Mediterranean sea (oceanography), mediterranean sea of the Atlantic Ocean .... Spanning in area, it is the third-largest island of the Greater Antilles The Greater Antilles ( es, Grandes Antillas or Antillas Mayores; french: Grandes Antilles ht, Gwo Zantiy jam, Grieta hAntiliiz) is a grouping of the larger islands in the Caribbean Sea, including Cuba, Hispaniola, Puerto Rico, Jamaica, and the ... and the Caribbean The Caribbean (, ; es, Caribe; french: Caraïbes; ht, Karayib; also ...
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Personality Rights
The right of publicity, sometimes referred to as personality rights, is the right of an individual to control the commercial use of one's identity, such as name, image, likeness, or other unequivocal identifiers. It is generally considered a property right as opposed to a personal right, and as such, the validity of the right of publicity can survive the death of the individual (to varying degrees depending on the jurisdiction). Classification Personality rights are generally considered to consist of two types of rights: the right of publicity, or the right to keep one's image and likeness from being commercially exploited without permission or contractual compensation, which is similar (but not identical) to the use of a trademark A trademark (also written trade mark or trade-mark) is a type of intellectual property Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual pr .. ...
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Advocaat
Advocaat or advocatenborrel is a traditional Dutch alcoholic beverage An alcoholic drink is a drink A drink (or beverage) is a liquid A liquid is a nearly incompressible In fluid mechanics or more generally continuum mechanics, incompressible flow (isochoric process, isochoric flow) refers to a fluid f ... made from eggs Egg An egg is the organic vessel containing the in which an develops until it can survive on its own, at which point the animal hatches. An egg results from of an . Most s, (excluding s), and lay eggs, although some, such as s, do ..., sugar, and brandy. The rich and creamy drink has a smooth, custard Custard is a variety of culinary preparations based on sweetened milk Milk is a nutrient A nutrient is a substance used by an organism to survive, grow, and reproduce. The requirement for dietary nutrient intake applies to animal ...-like consistency. The typical alcohol content is generally between 14% and 20% ...
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