colorable cause
colorable cause 假案;表面案由 在恶意控告〔malicious prosecution〕诉讼中,指表面上看似有资格的某人向法官告发某些构成犯罪的事实。
colorable invocation of jurisdiction 表面行使司法管辖权 (→colorable cause)
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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
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 question
imitation n. 模仿;仿造;仿冒 按照一物的形象而制造另一物,例如假币就是仿冒真币而成。也指仿造物或复制品。对商标的仿冒是指与真正的商标非常相似,从而很可能使人信以为真,不论是使用了在外形或读音上相似的词语或字母,还是使用了符号、装置或其他手段。「引人误解的仿冒」〔colorable imitation〕测试是指:购买者在没有机会将两个相互竞争的商品的名称放在一起进行比较的情况下,能否看出两者的不同之处,而不是指将这两种名称并列比较时能否看出其不同之处。 (→counterfeit;forgery)
The mere possession of something, esp. real estate, without any apparent right or colorable title to it. [Cases: Property 10. C.J.S. Property §§ 27–31, 33.]
municipal corporation. A city, town, or other local political entity formed by charter from the state and having the autonomous authority to administer the state’s local affairs. — Also termed municipality. Cf. quasi-corporation under CORPORATION. [Cases: Municipal Corporations 1. 1. C.J.S. Municipal Corporations §§ 2–7.] municipal corporation de facto. A corporation recognized to exist, although
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A corporation recognized to exist, although it has not fully complied with statutory requirements, when there is (1) a valid law authorizing its incorporation, (2) a colorable and bona fide attempt to organize under that law, and (3) an assumption of powers conferred under that law. [Cases: Municipal Corporations 17. C.J.S. Municipal Corporations § 29.]
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illusory-transfer doctrine. The rule that the law disregards an inter vivos gift over which the donor retains so much control that there is no good-faith intent to relinquish the transferred property. • The illusory-transfer doctrine is usu. applied to inter vivos trusts in which the settlor retains an excessive control or an interest — for
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transaction, n. 1. The act or an instance of conducting business or other dealings; esp., the formation, performance, or discharge of a contract. 2. Something performed or carried out; a business agreement or exchange. 3. Any activity involving two or more persons. 4. Civil law. An agreement that is intended by the parties to prevent