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uniform deceptive trade practices act

glossary /

Uniform Deceptive Trade Practices Act. A 1964 model state statute that codified many common-law intellectual-property torts, such as trademark infringement, passing off, trade disparagement, and false advertising, and that provided additional consumer protection against other forms of commercial deception. • The Act provides a laundry list of prohibited practices, all involving misrepresentation. — Abbr. UDTPA. […]

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bait and switch

glossary /

bait and switch. A sales practice whereby a merchant advertises a low-priced product to lure customers into the store, only to induce them to buy a higher-priced product. • Most states prohibit the bait and switch when the original product is not actually available as advertised. — Also termed bait advertising. [Cases: Consumer Protection 7.

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magnuson– moss warranty act

glossary /

Magnuson–Moss Warranty Act (mag-n[schwa]-s[schwa]n mawsormos). A federal statute requiring that a written warranty of a consumer product fully and conspicuously disclose, in plain language, the terms and conditions of the warranty, including whether the warranty is full or limited, according to standards given in the statute. 15 USCA §§ 2301–2312. [Cases: Consumer Protection 6. C.J.S.

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freedom of the press

glossary /

freedom of the press. The right to print and publish materials without governmental intervention, as guaranteed by the First Amendment. — Also termed liberty of the press. [Cases: Constitutional Law 90.1(8). C.J.S. Constitutional Law §§ 552, 554, 562–565, 597–598, 603–604.] “ ‘Freedom of the press’ has less significance than meets the eye. It is true,

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brand

glossary /

Trademarks. A name or symbol used by a seller or manufacturer to identify goods or services and to distinguish them from competitors’ goods or services; the term used colloquially in business and industry to refer to a corporate or product name, a business image, or a mark, regardless of whether it may legally qualify as

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duplicate

glossary /

duplicate (d[y]oo-pli-kit), n. 1. A reproduction of an original document having the same particulars and effect as the original. See Fed. R. Evid. 101(4). 2. A new original, made to replace an instrument that is lost or destroyed. — Also termed (in sense 2) duplicate original. [Cases: Criminal Law 399; Evidence 173. C.J.S. Evidence §§

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wipo copyright treaty

glossary /

WIPO Copyright Treaty. A 1996 treaty that made changes in the Berne Convention in light of the TRIPs Agreement and dealt with new copyright issues raised by the emergence of the Internet and other digital tech-nology. • The WIPO Treaty expressly protects computer software and databases and expressly excludes from protection “ideas, procedures, methods of

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