blank-forms rule. Copyright. The principle that forms are not protectable by copyright if they are designed for recording information but do not themselves convey any information. • The rule, first promulgated by the U.S. Supreme Court in Baker v. Selden, 101 U.S. 99 (1879), is now a U.S. Copyright Office regulation, 37CFR § 202.1(c). See […]
fishery. 1. A right or liberty of taking fish. • Fishery was an incorporeal hereditament under old English law. — Also termed piscary. [Cases: Fish 3.] free fishery. An exclusive right of fishery, existing by grant or prescription from the monarch, to take fish in public water such as a river or an arm of
The doctrine that certain social policies, such as the freedom of contract or the right to enjoy property without interference by government regulation, exist in the Due Process Clause of the 14th Amendment, particularly in the words “liberty” and “property.”
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false designation of origin. Trademarks. A mark, design, or similar element that creates a misleading or erroneous impression of a good or product’s source. [Cases: Trade Regulation 870(2). C.J.S. Patents § 348.]
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Food and Drug Administration. A division of the U.S. Public Health Service in the Department of Health and Human Services responsible for ensuring that food is safe, pure, and wholesome; that human and animal drugs, biological products, and medical devices are safe and effective; and that certain other products, such as electronic products that emit
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similarity. Intellectual property. The resemblance of one trademark or copyrighted work to another. • How closely a trademark must resemble another to amount to infringement depends on the nature of the product and how much care the typical buyer would be expected to take in making the selection in that particular market. It is a
The statutory criminal offense of either (1) willfully infringing a copyright to obtain a commercial advantage or financial gain (17 USCA § 506; 18 USCA § 2319), or (2) trafficking in goods or services that bear a counterfeit mark (18 USCA § 2320). • Under the second category, the law imposes criminal penalties if the
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Trademarks. An item that so resembles a trademarked item as to be likely to induce the belief that it is genuine. See SIMILARITY. [Cases: Trade Regulation 339. C.J.S. Trade-Marks, Trade-Names, and Unfair Competition §§ 84, 86.]
Securities. The fact that an investor would not have engaged in a given transaction if the other party had made truthful statements at the required time. [Cases: Securities Regulation 60.47. C.J.S. Securities Regulation §§ 208–210, 215.]
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United States Coast Guard. A military service and armed-forces branch that enforces the federal laws applicable to waters subject to U.S. jurisdiction, administers laws and promulgates regulations for the safety of lives and property on waters under U.S. jurisdiction, carries out maritime rescue operations, performs oceanographic research, and at times serves as a specialized branch
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