Search Results for: COMPETITION

primary line injury

Antitrust. Under the price-discrimination provisions of the Robinson–Patman Act, the practice of charging below-cost, predatory prices in an attempt to eliminate the seller’s competition in the market. 15 USCA § 13(a). • A primary-line injury, which hinders or seeks to hinder competition among the seller’s competitors, is distinguishable from a secondary-line injury, which refers to

primary line injury Read More »

cancellation

cancellation, n. 1. The act of defacing or obliterating a writing (as by marking lines across it) with the intention of rendering it void. 2. An annulment or termination of a promise or an obligation. [Cases: Cancellation of Instru-ments 1; Contracts 249. C.J.S. Cancellation of Instruments; Rescission §§ 2–7; Contracts §§ 422, 424, 427–428, 456,

cancellation Read More »

nonfunctional

nonfunctional, n. Trademarks. A feature of a good that, although it might identify or distinguish the good from others, is unrelated to the product’s use. [Cases: Trade Regulation 43. C.J.S. Trade-Marks, Trade-Names, and Unfair Competition §§ 49–50.]

nonfunctional Read More »

tarnishment

tarnishment. Trademarks. A form of dilution that occurs when a trademark’s unauthorized use degrades the mark and diminishes its distinctive quality. Cf. BLURRING. [Cases: Trade Regulation 366. C.J.S. Trade-Marks, Trade-Names, and Unfair Competition § 79.]

tarnishment Read More »

fanciful trademark

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;

fanciful trademark Read More »

Scroll to Top