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technical trademark

A mark that satisfies all the elements of a common-law trademark. • The essential elements of a technical trademark are as follows: (1) its use to designate a commercial source would not interfere with anyone else’s right to use the mark; (2) it must primarily identify the source, rather than the product’s category or grade […]

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lapse

lapse, n. 1. The termination of a right or privilege because of a failure to exercise it within some time limit or because a contingency has occurred or not occurred. 2. Wills & estates. The failure of a testamentary gift, esp. when the beneficiary dies before the testator dies. See ANTILAPSE STATUTE. Cf. ADEMPTION. [Cases:

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charitable gift

An inter vivos or testamentary donation to a nonprofit organization for the relief of poverty, the advancement of education, the advancement of religion, the promotion of health, governmental, or municipal purposes, and other purposes the accomplishment of which is beneficial to the community. Restatement (Second) of Trusts § 368 (1959). • When the beneficiary is

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avoidance

avoidance, n. 1. The act of evading or escaping (avoidance of tax liability). See TAX AVOIDANCE. 2. The act of refraining from (something) (avoidance of an argument). 3. RESCISSION(1). 4. VOIDANCE; 5. ANNULMENT(1) (avoidance of the agreement). 6. CONFESSION AND AVOIDANCE (the defendant filed an avoidance in an attempt to avert liability). — avoid, vb.

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perduellio

perduellio (p[schwa]r-d[y]oo-el-ee-oh), n. [Latin “treason”] Roman law. The crime of hostility to one’s native country; treasonous conduct, such as joining the enemy or deserting the battlefield. • This term corresponds to the English phrase high treason. In the Roman republic, several acts might constitute perduellio, such as assuming regal power; trying to subvert, by violence,

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