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32 relations: A moron in a hurry, Advocaat, Australia, Cadbury, Cause of action, Common law, Damages, Dastar Corp. v. Twentieth Century Fox Film Corp., England, Erven Warnink BV v J Townend & Sons (Hull) Ltd, Goodwill (accounting), Indicia (publishing), Intellectual property, Intellectual Property Office (United Kingdom), Jamaica, New Zealand, Obiter dictum, Passing off, Perry v Truefitt, Personality rights, Plagiarism, Private label, Property, Reckitt & Colman Products Ltd v Borden Inc, Satyam Infoway Ltd. v. Sifynet Solutions Pvt. Ltd., Statutory law, Swizzels Matlow, Tort, Trade Marks Act 1994, Trademark, United Kingdom, White-label product.
A moron in a hurry
A moron in a hurry is a legal test for trademark infringement or passing off in which a hypothetical person against whom a claimant's concern might be judged in a civil law action.
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Advocaat
Advocaat or advocatenborrel is a traditional Dutch alcoholic beverage made from eggs, sugar, and brandy.
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Australia
Australia, officially the Commonwealth of Australia, is a sovereign country comprising the mainland of the Australian continent, the island of Tasmania and numerous smaller islands.
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Cadbury
Cadbury, formerly Cadbury's and Cadbury Schweppes, is a British multinational confectionery company wholly owned by Mondelez International (originally Kraft Foods) since 2010.
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Cause of action
A cause of action, in law, is a set of facts sufficient to justify a right to sue to obtain money, property, or the enforcement of a right against another party.
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Common law
Common law (also known as judicial precedent or judge-made law, or case law) is that body of law derived from judicial decisions of courts and similar tribunals.
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Damages
In law, damages are an award, typically of money, to be paid to a person as compensation for loss or injury.
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Dastar Corp. v. Twentieth Century Fox Film Corp.
Dastar Corp.
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England
England is a country that is part of the United Kingdom.
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Erven Warnink BV v J Townend & Sons (Hull) Ltd
Erven Warnink B.V. v. J. Townend & Sons (Hull) Ltd., AC 731, R.P.C. 31, – also known as the Advocaat case – is a leading decision of the House of Lords that further developed the common law tort of extended passing off for the Commonwealth as originally established in Bollinger v. Costa Brava.
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Goodwill (accounting)
Goodwill in accounting is an intangible asset that arises when a buyer acquires an existing business.
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Indicia (publishing)
Indicia is the plural of the Latin word indicium, meaning distinguishing marks.
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Intellectual property
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect, and primarily encompasses copyrights, patents, and trademarks.
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Intellectual Property Office (United Kingdom)
The Intellectual Property Office of the United Kingdom (often The IPO) is, since 2 April 2007, the operating name of The Patent Office.
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Jamaica
Jamaica is an island country situated in the Caribbean Sea.
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New Zealand
New Zealand (Aotearoa) is a sovereign island country in the southwestern Pacific Ocean.
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Obiter dictum
Obiter dictum (usually used in the plural, obiter dicta) is Latin phrase meaning "by the way", that is, a remark in a judgment that is "said in passing".
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Passing off
In common law countries such as England, Australia and New Zealand, passing off is a common law tort which can be used to enforce unregistered trade mark rights.
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Perry v Truefitt
Perry v Truefitt (1842) 6 Beav.
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Personality rights
The right of publicity, often called personality rights, is the right of an individual to control the commercial use of his or her name, image, likeness, or other unequivocal aspects of one's identity.
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Plagiarism
Plagiarism is the "wrongful appropriation" and "stealing and publication" of another author's "language, thoughts, ideas, or expressions" and the representation of them as one's own original work.
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Private label
Private-label products or services, also known as "phantom brands", are typically those manufactured or provided by one company for offer under another company's brand.
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Property
Property, in the abstract, is what belongs to or with something, whether as an attribute or as a component of said thing.
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Reckitt & Colman Products Ltd v Borden Inc
Reckitt & Colman Ltd v Borden Inc 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.
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Satyam Infoway Ltd. v. Sifynet Solutions Pvt. Ltd.
Satyam Infoway Ltd.
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Statutory law
Statutory law or statute law is written law set down by a body of legislature or by a singular legislator (in the case of absolute monarchy).
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Swizzels Matlow
Swizzels Matlow also known as just Swizzels is a confectionery manufacturer based in New Mills, Derbyshire, near Stockport in the United Kingdom.
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Tort
A tort, in common law jurisdictions, 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.
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Trade Marks Act 1994
The Trade Marks Act 1994 is the law governing trade marks within the United Kingdom and the Isle of Man.
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Trademark
A trademark, trade mark, or trade-markThe styling of trademark as a single word is predominantly used in the United States and Philippines only, while the two-word styling trade mark is used in many other countries around the world, including the European Union and Commonwealth and ex-Commonwealth jurisdictions (although Canada officially uses "trade-mark" pursuant to the Trade-mark Act, "trade mark" and "trademark" are also commonly used).
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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 with some organisations, including the and preferring to use Britain as shorthand for Great Britain is a sovereign country in western Europe.
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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.
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Redirects here:
Extended passing off, Pass off, Passed off, Passing Off, Passing off (legal term), Passing off in United Kingdom law, Passing-off, Reverse passing off.
References
[1] https://en.wikipedia.org/wiki/Passing_off
