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Passing off
Passing offWhen a trade or service mark is not registrable it may still be entitled to certain protection. Passing off is available where there is a prospect of confusion of identity through the unauthorised use of similar marks or get up, and such use damages, or is likely to damage the goodwill and reputation of a business. Unregistered marks and passing off can apply to virtually any name, mark, logo or get-up which distinguishes a company, business, product or service. RELATED TERMS-------------------------------------- When 1) At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 2) The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent. Trade In its most extensive signification this word includes all sorts of dealings by way of Bale or exchange. In a more limited sense it signifies the dealings in a particular business, as the India trade; by trade is also understood the business of a particular mechanic, hence boys are said to be put apprentices to learn a trade, as the trade of a carpenter, shoemaker, and the like. Service 1) Contracts. The being employed to serve another. 2) Feudal law. That duty which the tenant owes to his lord, by reason of his fee or estate. 3) Practice. To execute a writ or process; as, to serve a writ of capias signifies to arrest a defendant under the process; Mark This term has several acceptations: 1) It is a sign traced on paper or parchment, which stands in the place of a signature, usually made by persons who cannot write. 2) It is the sign, writing or ticket put upon manufactured goods to distinguish them from others.3) Mark or marc, denotes a weight used in several parts of Europe, and for several commodities, especially gold and silver. When gold and silver are sold by the mark, it is divided into twenty-four carats. 4) Mark is also in England a money of accounts, and in some other countries a coin. Protection 1) English law. A privilege granted by the king to a party to an action, by which he is protected from a judgment which would otherwise be rendered against him. 2) Government. That benefit or safety which the government affords to the citizens. 3) merc. law. The name of a document generally given by notaries public, to sailors and other persons going abroad, in which is certified that the bearer therein named, is a citizen of the United States. Confusion The concurrence of two qualities in the same subject, which mutually destroy each other. Damages A cash compensation ordered by a court to offset losses or suffering caused by another's fault or negligence. Damages are a typical request made of a court when persons sue for breach of contract or tort. Damage Torts. The loss caused by one person to another, or to his property, either with the design of injuring him, with negligence and carelessness, or by inevitable accident. Goodwill An intangible business asset which includes a cultivated reputation and consequential attraction and confidence of repeat customers and connections. Reputation Evidence. The opinion generally entertained by persons who know another, as to his character, . or it is the opinion generally entertained by person; who know a family as to its pedigree, and the like. Name One or more words used to distinguish a particular individual, as Socrates, Benjamin Franklin. Company An association of a number of individuals for the purpose of carrying on some legitimate business. SIMILAR TERMS-------------------------------------- Pass 1) In the slave states this word signifies a certificate given by the master or mistress to a slave, in which it is stated that he is permitted to leave his home, with the authority of his master or mistress. The paper on which-such certificate is written is also called a pass. 2) practice. To be given, or entered; to proceed; as, let the judgment pass for the plaintiff. Pass book Common law. A book used by merchants with their customers, in which an entry of goods sold and delivered to a customer is made. Passage A way over water; a voyage made over the sea or great river; as, the Sea Gull had a quick passage: the money paid for the transportation of a person over the sea; as, my, passage to Europe was one hundred and fifty dollars. Passage money Contracts. The sum claimable for the conveyance of a person with or without luggage on the water. Passenger Cont. One who has taken a place. in a public conveyance, for the purpose of being transported from one place to another. Passive Common law. All the sums of which one is a debtor. It is used in contradistinction to active. . By active debts are understood those which may be employed in furnishing assets to a merchant to pay those which he owes, which are called passive debts. Passport Passport, sea brief or sea letter. Maritime law. A paper containing a permission from the neutral state to the captain or master of a ship or vessel to proceed on the voyage proposed; it usually contains his name and residence; the name, property, description, tonnage and destination of the ship; the nature and quantity of the cargo; the place from whence it comes, and its destination; with such other matters as the practice of the place requires. PREVIOUS AND NEXT TERMS-------------------------------------- Pass 1) In the slave states this word signifies a certificate given by the master or mistress to a slave, in which it is stated that he is permitted to leave his home, with the authority of his master or mistress. The paper on which-such certificate is written is also called a pass. 2) practice. To be given, or entered; to proceed; as, let the judgment pass for the plaintiff. Pass book Common law. A book used by merchants with their customers, in which an entry of goods sold and delivered to a customer is made. Passage A way over water; a voyage made over the sea or great river; as, the Sea Gull had a quick passage: the money paid for the transportation of a person over the sea; as, my, passage to Europe was one hundred and fifty dollars. Passage money Contracts. The sum claimable for the conveyance of a person with or without luggage on the water. Passenger Cont. One who has taken a place. in a public conveyance, for the purpose of being transported from one place to another. Passing off Passive Common law. All the sums of which one is a debtor. It is used in contradistinction to active. . By active debts are understood those which may be employed in furnishing assets to a merchant to pay those which he owes, which are called passive debts. Passport Passport, sea brief or sea letter. Maritime law. A paper containing a permission from the neutral state to the captain or master of a ship or vessel to proceed on the voyage proposed; it usually contains his name and residence; the name, property, description, tonnage and destination of the ship; the nature and quantity of the cargo; the place from whence it comes, and its destination; with such other matters as the practice of the place requires. Pastures Pastures. The land on which beasts are fed; and by a grant of pastures the land itself passes. Patent 1) Constrction. That which is open or manifest. 2) Contracts. A patent for an invention is a giant made by the government of the United States to the inventor of any new or useful art, machine, manufacture or composition of matter, or any new and useful improvement in any art, machine, manufacture or composition of matter not known or used by others before his or their discovery or invention thereof, and not, at the time of his application for a patent, in public use or on sale, with his consent or allowance, as the inventor or discoverer; securing to him for a limited time, therein expressed, the full and exclusive right and liberty of making, constructing, using, and vending to others to be used, the said invention or discovery, on certain conditions, among which is the one of at once giving up his secret and making public his discovery or invention, and the manner of making and using the same, so that at the expiration of his privilege, it may become public property. Patent and trademark office The federal agency which examines and issues patents and registers trademarks. We thank you for using the Juridical Dictionary to search for Passing off. If you have a better definition for Passing off than the one presented here, please let us know by making use of the suggest a term option. This definition of Passing off may be disputed by other professionals. Our attempt is to provide easy definitions on Passing off and any other medical topic for the public at large.
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