Search Results for: VERT

analogous use

analogous use. 1. Patents. The application of a process already known in one field of art to produce a similar result in another field. • Unless the fields are so unrelated or the outcomes so different as to produce a novel, useful, and nonobvious result, an analogous use is not patentable. 2. Trademarks. The use […]

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reversal

reversal, n. 1. An appellate court’s overturning of a lower court’s decision. [Cases: Appeal and Error 1156–1180; Federal Courts 932. C.J.S. Appeal and Error §§ 757, 800, 830, 906, 911–960.] 2. Securities. A change in a security’s near-term market-price trend.

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deliberate elicitation

deliberate elicitation. Criminal procedure. The purposeful yet covert drawing forth of an incriminating response (usu. not during a formal interrogation) from a suspect whose Sixth Amendment right to counsel has attached but who has not waived that right. • Deliberate elicitation may occur, for example, when a police officer engages an arrested suspect in conversation

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commercial speech

Communication (such as advertising and marketing) that involves only the commercial interests of the speaker and the audience, and is therefore afforded lesser First Amendment protection than social, political, or religious speech. Cf. pure speech. [Cases: Constitutional Law 90.2, 90.3. C.J.S. Constitutional Law §§ 544–545, 561, 568, 570–571, 573–574, 576–577, 581.]

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unfair competition

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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reconversion

reconversion. The notional or imaginary process by which an earlier constructive conversion (a change of personal into real property or vice versa) is annulled and the converted property restored to its original character. See equitable conversion under CONVERSION(1). [Cases: Conversion 22. C.J.S. Conversion § 32.]

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damnum fatale

damnum fatale (dam-n[schwa]m f[schwa]-tay-lee). [Latin “unavoidable damage”] Roman law. Damage caused by an unavoidable circumstance, such as a storm or a shipwreck, for which bailees or others will not be held liable. • But an exception was made for damages resulting from theft. “The liability of innkeepers, carriers, and stable keepers, at Roman law, was

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bryan treaties

Bryan treaties. Int’l law. Any of 48 treaties designed to avert war by requiring the signatories to submit disputes of any kind to standing peace commissions. • The first of these treaties, named after Secretary of State William Jennings Bryan, was signed between the United States and Great Britain in 1914.

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