A trademark consisting of a made-up or coined word; a distinctive trademark or tradename having no independent meaning. • This type of mark is considered inherently distinctive and thus protected at common law, and is eligible for trademark registration from the time of its first use. — Also termed fanciful mark; fanciful term; coined trademark; […]
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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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A trademark that has been filed and recorded with the Patent and Trademark Office. • A federally registered trademark is usu. marked by the symbol “®” or a phrase such as “Registered U.S. Patent & Trademark Office” so that the trademark owner can collect treble damages or the defendant’s profits for an infringement. If the
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Federal Trade Commission. An independent five-member federal commission that administers various laws against business monopolies, restraint of trade, and deceptive trade practices. • It was established by the Federal Trade Commission Act of 1914. 15 USCA §§ 41–58. The Commission’s body of rulings often reaches into state-law actions because many so-called Little FTC Acts of
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tradename. 1. A name, style, or symbol used to distinguish a company, partnership, or business (as opposed to a product or service); the name under which a business operates. • A tradename is a means of identifying a business — or its products or services — to establish goodwill. It symbolizes the business’s reputation. [Cases:
A trademark that not only is distinctive but also has been used and heavily advertised or widely accepted in the channels of trade over a long time, and is so well known that consumers immediately associate it with one specific product or service. • Only famous marks are protected from dilution. Eight nonexclusive statutory factors
fair wages clause 〈英〉公平工资条款 1891年、1909年及1946年英国下议院多次通过公平工资决议〔Fair Wages Resolution〕，并得到政府、英国僱主联盟及英国工会大会〔Trades Union Congress〕的同意，以该决议为政府部门与承包人订立合同的标准。它要求承包人通过当地同行业的工商界的僱主与工会代表进行谈判，承认工人加入工会的自由及工人的工资不低于当地同行业的工资水平。这些决议最初系针对「血汗劳工」〔sweated labour〕的使用。只有承包人同意上述条件，政府部门才能与之缔约。
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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A trademark containing common words that do not describe or suggest any characteristic of the product to which the trademark is assigned. • Because arbitrary marks are neither descriptive nor suggestive of the goods or services in connection with which they are used, they are inherently distinctive, require no proof of secondary meaning, and are
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Trademarks. The overall appearance and image in the marketplace of a product or a commercial enterprise. • For a product, trade dress typically comprises packaging and labeling. For an enterprise, it typically comprises design and decor. If a trade dress is distinctive and nonfunctional, it may be protected under trademark law. — Also termed get-up;