appellation of origin. Trademarks. Representation of a product’s geographic origin by use of a mark — such as a symbol, word, phrase, or graphic element such as a map — whose use is regulated to ensure that the product so marked reflects some well-known feature peculiar to the region. • This term usu. applies to […]
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Trademarks. Priority in using a mark in actual commerce. • The priority of use, not the priority of adoption, determines who has the right to protection. Cf. priority of adoption. [Cases: Trade Regulation 66. C.J.S. Trade-Marks, Trade-Names, and Unfair Competition §§ 29–30.]
ordinance (or-d[schwa]-n[schwa]nts). An authoritative law or decree; esp., a municipal regulation. • Municipal governments can pass ordinances on matters that the state government allows to be regulated at the local level. — Also termed bylaw; municipal ordinance. [Cases: Municipal Corporations 105. C.J.S. Municipal Corporations §§ 247–251.] “An ordinance … may be purely administrative in nature,
A prosecution in which a person is singled out under a law or regulation because the person has exercised a constitutionally protected right. Cf. SELECTIVE ENFORCEMENT. [Cases: Criminal Law 37.15. C.J.S. Criminal Law §§ 68–77.]
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all-holders rule. Securities. 1. An SEC rule that prohibits a public offering by the issuer of shares to some, but not all, of the holders of a class of shares. 2. An SEC rule requiring a tender offeror to make its offer to all the target company’s shareholders. [Cases: Securities Regulation 52.30–52.50. C.J.S. Securities Regulation
hedge, vb. To use two compensating or offsetting transactions to ensure a position of breaking even; to make advance arrangements to safeguard oneself from loss on an investment, speculation, or bet, as when a buyer of commodities insures against unfavorable price changes by buying in advance at a fixed rate for later delivery. [Cases: Commodity
A transfer of a company’s trademark separately from the goodwill of the business. • Courts often hold that such an assignment passes nothing of value to the transferee. — Also termed naked assignment. See ANTI-ASSIGNMENT-IN-GROSS RULEE. [Cases: Trade Regulation 93, 101.1. C.J.S. Trade-Marks, Trade-Names, and Unfair Competition §§ 9, 205.]
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pooling, n. Oil & gas. The bringing together of small tracts of land or fractional mineral interests over a producing reservoir for the purpose of drilling an oil or gas well. • Pooling is usu. associated with collecting a large enough tract to meet well-spacing regulations. — Also termed communitization. Cf. UNITIZATION. compulsory pooling. Pooling
Work that involves frequent lifting of very large objects and frequent carrying of large objects. • Under the Social Security Administration regulations for describing a worker’s physical limitations, very heavy work involves lifting 100 pounds or more, and frequent lifting or carrying of objects weighing 50 pounds or more. 20 CFR § 404.1567(e).
act of sederunt (s[schwa]-deer-[schwa]nt).Scots law. A regulation issued by the Court of Session to regulate procedure in that court or in the lower civil courts.