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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 (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 the trade dress (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 unlikel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Damages
At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognized at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognized for the award of damages. Compensatory damages are further categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, and general damages, which are non-economic damages such as pain and suffering and emotional distress. Rather than being compensatory, at common law damages may instead be nominal, contemptuous or exemplary. History Among the Saxons, a monetary value called a '' weregild'' was assigned to every human being and every piece of property in the Salic Code. If property was stolen or someone was injured or killed, the guilty person had to pay th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sweet & Maxwell
Sweet & Maxwell is a British publisher specialising in legal publications. It joined the Associated Book Publishers in 1969; ABP was purchased by the International Thomson Organization in 1987, and is now part of Thomson Reuters. Its British and Irish group includes W. Green in Scotland and Round Hall in Ireland. Sweet & Maxwell publishes Westlaw-UK, as well as the Lawtel, LocalawUK, Legal Hub, and DocDel on-line services. It also published many well-regarded looseleafs and books. Its flagship print products include the ''White Book'' (publishing the Civil Procedure Rules 1998, along with extensive commentary and additional material) and '' Archbold Criminal Pleading, Evidence and Practice'' (the leading practitioners' text for criminal lawyers in England & Wales and several other common law jurisdictions around the world). In 2003, its Asia division (with headquarters in Hong Kong, Malaysia, and Singapore Singapore, officially the Republic of Singapore, is an isl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
White-label Product
A white-label product is a product or service produced by one company (the producer) that other companies (the marketers) rebrand to make it appear as if they had made it. The name derives from the image of a white label on the packaging that can be filled in with the marketer's trade dress. White-label products are sold by retailers with their own trademark but the products themselves are manufactured by a third party. Common use White label production is often used for mass-produced generic products including electronics, consumer products and software packages such as DVD players, televisions, and web applications. Some companies maintain a sub-brand for their goods. For example, in the United Kingdom, the same model of DVD player may be sold by Dixons as a '' Saisho'' and by Currys as a '' Matsui'', which are brands exclusively used by those companies. Some websites use white labels to enable a successful brand to offer a service without having to invest in creating t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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), a Tamil language film, starring Sivaji Ganesan & Jayachitra * ''Sathyam'' (1980 film), a 1980 Malayalam film starring Sreenath and Shanthi Krishna * ''Sathya'' (1988 film), a 1988 Tamil language film, starring Kamal Haasan * ''Satya'' (1998 film), a 1998 Hindi film directed by Ram Gopal Varma, initiating his ''Gangster'' film series ** ''Satya 2'', a 2013 sequel to the 1998 film, fourth in the series overall * ''Satyam'' (2003 film), a 2003 Telugu film directed by Surya Kiran, starring Sumanth and Genelia D'Souza * ''Sathyam'' (2004 film), a 2004 Malayalam film starring Prithviraj and Priyamani * ''Satyam'' (2008 film), a Tamil language film * ''Sathya'' (2010 film), an Indian Kannada romance drama film * ''Sathya'' (2017 Tamil film), an Indian Tamil crime thr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Private Label
A private label, also called a private brand or private-label brand, is a brand owned by a company, offered by that company alongside and competing with brands from other businesses. A private-label brand is almost always offered exclusively by the firm that owns it. However, in rare instances, the brand is licensed to another company. The term often describes products, but can also encompass services. The most common definition of a private label product is one that is outsourced: company A makes a product for company B, which company B then offers under their brand name. However, it can also define products made in retailer-owned firms. For example, in 2018, The Kroger Company had 60% of its private brands produced by third parties; the remaining 40% was manufactured internally by plants owned by Kroger. Private-label producers are usually anonymous, sometimes by contract. In other cases, they are allowed to mention their role publicly. Etymology The term ''private label' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Plagiarism
Plagiarism is the representation of another person's language, thoughts, ideas, or expressions as one's own original work.From the 1995 ''Random House Dictionary of the English Language, 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 action or practice of taking someone else's work, idea, etc., and passing it off as one's own; literary theft. Although precise definitions vary depending on the institution, in many countries and cultures plagiarism is considered a violation of academic integrity and journalistic ethics, as well as of social norms around learning, teaching, research, fairness, respect, and responsibility. As such, a person or Legal Entity, entity that is determined to have committed plagiarism is often subject to various punishments or sanctions, such as Suspension (punishment), suspension, Expul ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Perry V Truefitt
''Perry v Truefitt'' (1842) 6 Beav. 66 is the English case in which the tort of passing off was first articulated by the court. Background Mr Leathart made a hair treatment product and showed the mixing process to Mr Perry, a perfumer and hairdresser, who decided to call the mixture "Medicated Mexican Balm" and marketed the mixture under the title "Perry's Medicated Mexican Balm". Mr 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. Decision The Court denied Perry the right to the name. However, Lord Longdale held that misrepresentation In common law jurisdictions, a misrepresentation is a False statements ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dastar Corp
A dastār is an item of headwear associated with Sikhism and Sikh culture. The word is loaned from Persian through 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 Five Ks, wear the turban to cover their long, uncut hair ('' kesh''). The Sikhs regard the ''dastār'' as an important part of the unique Sikh identity. After the ninth Sikh Guru, Tegh Bahadur, was sentenced to death by the Mughal emperor Aurangzeb, Guru Gobind Singh, the tenth Sikh Guru created the Khalsa and gave five articles of faith, one of which is unshorn hair, which the ''dastār'' covers. [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reverse 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 the trade dress (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 ( ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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, rent, sell, exchange, transfer, give away, or destroy it, or to exclude others from doing these things, as well as to perhaps abandon it; whereas regardless of the nature of the property, the owner thereof has the right to properly use it under the granted Property rights (economics), property rights. In economics and political economy, there are three broad forms of property: private property, public property, and collective property (or ''cooperative propert''y). Property may be jointly owned by more than one party equally or unequally, or according to simple or complex agreements; to distinguish ownership and easement from rent, there is an expectation that each party's will with regard to the property be clearly defined and unconditional ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jamaica
Jamaica is an island country in the Caribbean Sea and the West Indies. At , it is the third-largest island—after Cuba and Hispaniola—of the Greater Antilles and the Caribbean. Jamaica lies about south of Cuba, west of Hispaniola (the island containing Haiti and the Dominican Republic), and southeast of the Cayman Islands (a British Overseas Territories, British Overseas Territory). With million people, Jamaica is the third most populous English-speaking world, Anglophone country in the Americas and the fourth most populous country in the Caribbean. Kingston, Jamaica, Kingston is the country's capital and largest city. The indigenous Taíno peoples of the island gradually came under Spanish Empire, Spanish rule after the arrival of Christopher Columbus in 1494. Many of the indigenous people either were killed or died of diseases, after which the Spanish brought large numbers of Africans to Jamaica as slaves. The island remained a possession of Spain, under the name Colo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
