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Functionality Doctrine
In United States trademark law, the functionality doctrine prevents manufacturers from protecting specific features of a product by means of trademark law. There are two branches of the functionality doctrine: utilitarian functionality and aesthetic functionality. The rationale behind functionality doctrine is that product markets would not be truly competitive if newcomers could not make a product with a feature that consumers demand. Utilitarian functionality provides grounds to deny federal trademark protection to product features which do something useful. Patent law, not trademark, protects useful processes, machines, and material inventions. Patented designs are presumed to be functional until proven otherwise. Aesthetic functionality provides grounds to deny trademark protection to design features which are included to make the product more aesthetically appealing and commercially desirable. Aesthetic features are within the purview of copyright law, which provides pro ...
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United States Trademark Law
A trademark is a word, phrase, or logo that identifies the source of goods or services. Trademark law protects a business' commercial identity or brand by discouraging other businesses from adopting a name or logo that is "confusingly similar" to an existing trademark. The goal is to allow consumers to easily identify the producers of goods and services and avoid confusion. United States trademark law is mainly governed by the Lanham Act. Common law trademark rights are acquired automatically when a business uses a name or logo in commerce, and are enforceable in state courts. Marks registered with the U.S. Patent and Trademark Office are given a higher degree of protection in federal courts than unregistered marks—both registered and unregistered trademarks are granted some degree of federal protection under the Lanham Act 43(a). History United States law has protected trademarks under state common law since colonial times, but it was not until 1870 that Congress first attem ...
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Manufacturer
Manufacturing is the creation or production of goods with the help of equipment, labor, machines, tools, and chemical or biological processing or formulation. It is the essence of secondary sector of the economy. The term may refer to a range of human activity, from handicraft to high-tech, but it is most commonly applied to industrial design, in which raw materials from the primary sector are transformed into finished goods on a large scale. Such goods may be sold to other manufacturers for the production of other more complex products (such as aircraft, household appliances, furniture, sports equipment or automobiles), or distributed via the tertiary industry to end users and consumers (usually through wholesalers, who in turn sell to retailers, who then sell them to individual customers). Manufacturing engineering is the field of engineering that designs and optimizes the manufacturing process, or the steps through which raw materials are transformed into a final p ...
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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 pro ...
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Legal Information Institute
The Legal Information Institute (LII) is a non-profit, public service of Cornell Law School that provides no-cost access to current American and international legal research sources online alaw.cornell.edu The organization is a pioneer in the delivery of legal information online. Founded in 1992 by Peter Martin and Tom Bruce, LII was the first law site developed on the internet. LII electronically publishes on the Web the U.S. Code, U.S. Supreme Court opinions, Uniform Commercial Code, the US Code of Federal Regulations, several Federal Rules, and a variety of other American primary law materials.. LII also provides access to other national and international sources, such as treaties and United Nations materials. According to its website, the LII serves over 40 million unique visitors per year. Since its inception, the Legal Information Institute has inspired others around the world to develop namesake operations. These services are part of the Free Access to Law Mo ...
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Machine
A machine is a physical system using Power (physics), power to apply Force, forces and control Motion, movement to perform an action. The term is commonly applied to artificial devices, such as those employing engines or motors, but also to natural biological macromolecules, such as molecular machines. Machines can be driven by Animal power, animals and Human power, people, by natural forces such as Wind power, wind and Water power, water, and by Chemical energy, chemical, Thermal energy, thermal, or electricity, electrical power, and include a system of mechanism (engineering), mechanisms that shape the actuator input to achieve a specific application of output forces and movement. They can also include computers and sensors that monitor performance and plan movement, often called mechanical systems. Renaissance natural philosophers identified six simple machines which were the elementary devices that put a load into motion, and calculated the ratio of output force to input fo ...
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Invention
An invention is a unique or novel device, method, composition, idea or process. An invention may be an improvement upon a machine, product, or process for increasing efficiency or lowering cost. It may also be an entirely new concept. If an idea is unique enough either as a stand alone invention or as a significant improvement over the work of others, it can be patented. A patent, if granted, gives the inventor a proprietary interest in the patent over a specific period of time, which can be licensed for financial gain. An inventor creates or discovers an invention. The word ''inventor'' comes from the Latin verb ''invenire'', ''invent-'', to find. Although inventing is closely associated with science and engineering, inventors are not necessarily engineers or scientists. Due to advances in artificial intelligence, the term "inventor" no longer exclusively applies to an occupation (see human computers). Some inventions can be patented. The system of patents was established to ...
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Copyright
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to Limitations and exceptions to copylimitations based on public interest considerations, such as the fair use doctrine in the United States. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights frequently include reproduction, control over derivative works, distribution, Performing rights, public performance, and moral rights such as attribution. Copyrights can be granted by public l ...
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German Eppendorf-Netheler-Hinz GMBH V
German(s) may refer to: * Germany (of or related to) **Germania (historical use) * Germans, citizens of Germany, people of German ancestry, or native speakers of the German language ** For citizens of Germany, see also German nationality law **Germanic peoples (Roman times) * German language **any of the Germanic languages * German cuisine, traditional foods of Germany People * German (given name) * German (surname) * Germán, a Spanish name Places * German (parish), Isle of Man * German, Albania, or Gërmej * German, Bulgaria * German, Iran * German, North Macedonia * German, New York, U.S. * Agios Germanos, Greece Other uses * German (mythology), a South Slavic mythological being * Germans (band), a Canadian rock band * "German" (song), a 2019 song by No Money Enterprise * ''The German'', a 2008 short film * "The Germans", an episode of ''Fawlty Towers'' * ''The German'', a nickname for Congolese rebel André Kisase Ngandu See also * Germanic (other) * ...
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Antioch Co
Antioch on the Orontes (; grc-gre, Ἀντιόχεια ἡ ἐπὶ Ὀρόντου, ''Antiókheia hē epì Oróntou'', Learned ; also Syrian Antioch) grc-koi, Ἀντιόχεια ἡ ἐπὶ Ὀρόντου; or Ἀντιόχεια ἡ ἐπὶ Δάφνῃ "Antioch on Daphne"; or "Antioch the Great"; la, Antiochia ad Orontem; hy, Անտիոք ''Antiokʽ''; syr, ܐܢܛܝܘܟܝܐ ''Anṭiokya''; he, אנטיוכיה, ''Anṭiyokhya''; ar, أنطاكية, ''Anṭākiya''; fa, انطاکیه; tr, Antakya. was a Hellenistic, and later, a Biblical Christian city, founded by Seleucus I Nicator in 300 BC. This city served as the capital of the Seleucid Empire and later as regional capital to both the Roman and Byzantine Empire. During the Crusades, Antioch served as the capital of the Principality of Antioch, one of four Crusader states that were founded in the Levant. Its inhabitants were known as ''Antiochenes''; the city's ruin lies on the Orontes River, near Antakya, the mo ...
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Valu Engineering V
Valac is a demon described in the goetic grimoires ''The Lesser Key of Solomon'' (in some versions as Ualac or Valak and in Thomas Rudd's variant as Valu), Johann Weyer's ''Pseudomonarchia Daemonum'' (as Volac), the ''Liber Officiorum Spirituum'' (as Coolor or Doolas), and in the ''Munich Manual of Demonic Magic'' (as Volach) as an angelically winged boy riding a two-headed dragon, attributed with the power of finding treasures. Variations The ''Lesser Key'', the ''Munich Burnich'', Rudd, and Weyer further agree in ranking Valac as a president and attributing him with the power to locate, summon, and control serpents. The ''Officium Spirituum'' similarly attributes Doolas with the power to give the summoner command of serpents as well as "household spirits," but it ranks Coolor and Doolas as princes instead of presidents. Valac is listed 62nd in the ''Lesser Key'' (even by Rudd) and the 50th by Weyer, with either version claiming he leads 30 legions of demons (though some ma ...
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