clearing. 1. Banking. The exchanging of checks and balancing of accounts. 2. Maritime law. The departure of a ship from port, after complying with customs, health laws, and other local regulations. See CLEARANCE(1). [Cases: Shipping 7, 15. C.J.S. Shipping §§ 11, 18–20.]
flag-state control. Maritime law. The exercise of authority by a state over vessels that fly under its flag to ensure compliance with domestic and international safety and environmental laws and regulations. Cf. COASTAL-STATE CONTROL L; PORT-STATE CONTROL.
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aided-awareness survey. Trademarks. A trademark survey in which interviewees are asked to choose from a spectrum of choices that prominently feature the desired response. • Aided-awareness surveys are often dis-counted or entirely disregarded by courts in trademark-infringement actions. — Also termed aided-recall survey. [Cases: Trade Regulation 580. C.J.S. Trade-Marks, Trade-Names, and Unfair Competition §§ 268,
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maladministration. Poor management or regulation, esp. in an official capacity. — Also termed misadministration.
trademark application. A mark owner’s written request, filed with the U.S. Patent and Trademark Office, for federal registration of a mark, accompanied by a sample of the mark to be protected and the filing fee. • The application may describe either an existing mark that is in use or a proposed mark. — Also termed
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The right of persons to fish in public waters, subject to federal and state restrictions and regulations, such as fishing seasons, licensing, and catch limits.
A spurious mark that is identical to, or substantially indistinguishable from, a registered trademark. 15 USCA § 11. — Also termed counterfeit mark. [Cases: Trade Regulation 312. C.J.S. Trade-Marks, Trade-Names, and Unfair Competition § 151.]
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certificate of registration. 1. Copyright. A U.S. Copyright Office document approving a copyright application and stating the approved work’s registration date and copyright registration number. [Cases: Copyrights and Intellectual Property 50.25. C.J.S. Copyrights and Intellectual Property §§ 39, 96.] 2. Trademarks. A doc-ument affirming that the U.S. Patent and Trademark Office has allowed and recorded
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composition, n. 1. An agreement between a debtor and two or more creditors for the adjustment or discharge of an obligation for some lesser amount; an agreement among the debtor and two or more creditors that the debtor will pay the creditors less than their full claims in full satisfaction of their claims. • The
passing off, n. Intellectual property. The act or an instance of falsely representing one’s own product as that of another in an attempt to deceive potential buyers. • Passing off is actionable in tort under the law of unfair competition. It may also be actionable as trademark infringement. — Also termed palming off; misrepresentation of