Aunt Jemima doctrine. Trademarks. The principle that a trademark is protected not only from use on a directly competing product, but also from use on a product so closely related in the marketplace that consumers would be confused into thinking that the products came from a single source. Aunt Jemima Mills Co. v. Rigney & […]
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ruling, n. 1. The outcome of a court’s decision either on some point of law or on the case as a whole. — Also termed legal ruling. Cf. JUDGMENT(1); OPINION(1). [Cases: Courts 88. C.J.S. Courts § 139; Trade-Marks, Trade-Names, and Unfair Competition § 187.] “A distinction is sometimes made between rules and rulings. Whether or
reverse-confusion doctrine. Intellectual property. The rule that it is unfair competition if the defendant’s use of a title that is confusingly similar to the one used by the plaintiff leads the public to believe that the plaintiff’s work is the same as the defendant’s, or that it is derived from or associated in some manner
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secondary meaning. Intellectual property. A special sense that a trademark or tradename for a business, goods, or services has acquired even though the trademark or tradename was not originally protectable. • The term does not refer to a subordinate or rare meaning, but rather to a later meaning that has been added to the original
abstract idea. Intellectual property. A concept or thought, removed from any tangible embodiment. • An abstract idea is one of the categories of unpatentable subject matter, along with natural phenomena and laws of nature. But a process that uses abstract ideas to produce a useful result can be patented. Copyright law likewise will not protect
interference, n. 1. The act of meddling in another’s affairs. 2. An obstruction or hindrance. 3. Patents. An administrative proceeding in the U.S. Patent and Trademark Office to determine who is entitled to the patent when two or more applicants claim the same invention, or when an application interferes with an existing patent. • This
imitation. 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.] “The law of trade marks is of recent origin, and may be comprehended in the proposition that a