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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 In common law jurisdictions, a misrepresentation is a false or misleading '' R v Kylsant'' 931/ref> statement of fact m ... [...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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Misrepresentation
In common law jurisdictions, a misrepresentation is a false or misleading '' R v Kylsant'' 931/ref> statement of fact made during negotiations by one party to another, the statement then inducing that other party to enter into a contract. The misled party may normally rescind the contract, and sometimes may be awarded damages as well (or instead of rescission). The law of misrepresentation is an amalgam of contract and tort; and its sources are common law, equity and statute. In England and Wales, the common law was amended by the Misrepresentation Act 1967. The general principle of misrepresentation has been adopted by the United States and other former British colonies, e.g. India. Representation and contract terms A "representation" is a pre-contractual statement made during negotiations. If a representation has been incorporated into the contract as a term, then the normal remedies for breach of contract apply. Factors that determine whether or not a representation has be ... [...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] |
1842 In Case Law
__NOTOC__ Year 184 ( CLXXXIV) was a leap year starting on Wednesday (link will display the full calendar) of the Julian calendar. At the time, it was known as the Year of the Consulship of Eggius and Aelianus (or, less frequently, year 937 '' Ab urbe condita''). The denomination 184 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place China * The Yellow Turban Rebellion and Liang Province Rebellion break out in China. * The Disasters of the Partisan Prohibitions ends. * Zhang Jue leads the peasant revolt against Emperor Ling of Han of the Eastern Han Dynasty. Heading for the capital of Luoyang, his massive and undisciplined army (360,000 men), burns and destroys government offices and outposts. * June – Ling of Han places his brother-in-law, He Jin, in command of the imperial army and sends them to attack the Yellow Turban rebels. * Winter – ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1842 In British Law
__NOTOC__ Year 184 ( CLXXXIV) was a leap year starting on Wednesday (link will display the full calendar) of the Julian calendar. At the time, it was known as the Year of the Consulship of Eggius and Aelianus (or, less frequently, year 937 ''Ab urbe condita''). The denomination 184 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place China * The Yellow Turban Rebellion and Liang Province Rebellion break out in China. * The Disasters of the Partisan Prohibitions ends. * Zhang Jue leads the peasant revolt against Emperor Ling of Han of the Eastern Han Dynasty. Heading for the capital of Luoyang, his massive and undisciplined army (360,000 men), burns and destroys government offices and outposts. * June – Ling of Han places his brother-in-law, He Jin, in command of the imperial army and sends them to attack the Yellow Turban rebels. * Winter – Zhan ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Tort Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
