A trademark consisting of a made-up or coined word; a distinctive trademark or tradename having no independent meaning. • This type of mark is considered inherently distinctive and thus protected at common law, and is eligible for trademark registration from the time of its first use. — Also termed fanciful mark; fanciful term; coined trademark; […]
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registration statement. A document containing detailed information required by the SEC for the public sale of corporate securities. • The statement includes the prospectus to be supplied to prospective buyers. See PROSPECTUS. [Cases: Securities Regulation 25.10–25.35. C.J.S. Securities Regulation §§ 82–91.]
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brand architecture. Trademarks. The strategic analysis and development of optimal relationships among the multiple levels of a company and its brands, products, features, technology, or ingredient names. [Cases: Trade Regulation 5. C.J.S. Trade-Mark, Trade-Names, and Unfair Competition §§ 5, 16.]
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A sale of securities made at about the same time as a purchase of the same securities (such as within 30 days), resulting in no change in beneficial ownership. • A loss from a wash sale is usu. not tax-deductible. And securities laws prohibit a wash sale made to create the false appearance of market
going public. The process of a company’s selling stock to the investing public for the first time (after filing a registration statement under applicable securities laws), thereby becoming a public corporation. [Cases: Securities Regulation 11.10–11.14. C.J.S. Securities Regulation §§ 8, 35–39, 45, 63.]
Securities Investor Protection Corporation. A federally chartered corporation established under the Securities Investor Protection Act to protect investors and help brokers in financial trouble. — Abbr. SIPC. See SECURITIES INVESTOR PROTECTION ACT . [Cases: Securities Regulation 185.11. C.J.S. Securities Regulation § 308.]
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associated person. Securities. 1. A partner, officer, director, branch manager of a broker or dealer, or any person performing similar functions or occupying a similar status, any person directly or indirectly controlling, controlled by, or under common control with the broker or dealer, or any employee of the broker or dealer — with two exceptions:
manipulation. Securities. The illegal practice of raising or lowering a security’s price by creating the appearance of active trading. • Manipulation is prohibited by § 10(b) of the Securities Exchange Act of 1934. 15 USCA § 78j(b). — Also termed market manipulation; stock manipulation. [Cases: Securities Regulation 60.25. C.J.S. Securities Regulation §§ 214, 226–227.]
An instrument issued in bearer or registered form as a type commonly recognized as a medium for investment and evidencing a share or other interest in the property or enterprise of the issuer. [Cases: Securities Regulation 5.10, 252. C.J.S. Securities Regulation §§ 3, 9–10, 33, 381–382, 384–386, 392.]
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unfair competition. 1. Dishonest or fraudulent rivalry in trade and commerce; esp., the practice of endeavoring to pass off one’s own goods or products in the market for those of another by means of imitating or counterfeiting the name, brand, size, shape, or other distinctive characteristic of the article or its packaging. [Cases: Trade Regulation
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