A county officer charged usu. with the management of the county’s financial affairs, its police regulations, and its corporate business. — Also termed county supervisor. [Cases: Counties 38. C.J.S. Counties § 63.]
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Securities. The notion that a broker-dealer must be held to a high standard of conduct because by engaging in the securities business (“hanging out a shingle”), the broker-dealer implicitly represents to the world that the conduct of all its employees will be fair and meet professional norms. [Cases: Securities Regulation 27.21, 60.32(1). C.J.S. Securities Regulation
hardship. 1. Privation; suffering or adversity. 2. The severity with which a proposed construction of law would bear on a particular case, sometimes forming a basis (also known as an argument ab inconvenienti) against the construction. See AB INCONVENIENTI; HARD CASE. [Cases: Statutes 181(2). C.J.S. Statutes § 318.] 3. Family law. A condition that makes
The unauthorized use of a trademark — or of a confusingly similar name, word, symbol, or any combination of these — in connection with the same or related goods or services and in a manner that is likely to cause confusion, deception, or mistake about the source of the goods or services. See LIKELIHOOD-OF-CONFUSION TEST.
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innocent junior user. Trademarks. A person who, without any actual or constructive knowledge, uses a trademark that has been previously used in a geographically distant market, and who may continue to use the trademark in a limited geographic area as long as the senior user does not use the mark there. See JUNIOR USER. [Cases:
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Int’l law. A national flag flown by a ship not because the ship or its crew has an affiliation with the nation, but because the lax controls and modest fees and taxes imposed by that nation have attracted the owner to register it there. • After World War II, shipowners began registering their ships in
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piracy, n. 1. Robbery, kidnapping, or other criminal violence committed at sea. [Cases: Criminal Law 45.50.] 2. A similar crime committed aboard a plane or other vehicle; hijacking. [Cases: Aviation 16. C.J.S. Aeronautics and Aerospace §§ 284–285, 287.] air piracy. The crime of using force or threat to seize control of an aircraft; the hijacking
Federal Railroad Administration. A unit in the U.S. Department of Transportation responsible for promulgating and enforcing rail-safety regulations; administering rail-related financial-aid programs; conducting research on rail safety; and rehabilitating rail passenger service for the Northeast corridor. — Abbr. FRA.
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incontestability status. Trademarks. A classification of a trademark that meets certain criteria — including commercial use for five years after being placed on the Principal Register — as immune from legal challenge. • Although incontestability does not confer absolute immunity, it makes a challenge much more difficult. 37 USCA § 1065. Cf. DECLARATION OF USE.
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descriptive word. Trademarks. A term that portrays a general characteristic or function of a product or service. • A descriptive word may not be registered as a trademark unless it has acquired secondary meaning in the minds of consumers so that it is directly associated with one brand. [Cases: Trade Regulation 164. C.J.S. Trade-Marks, Trade-Names,