secondary meaning. Intellectual property. A special sense that a trademark or tradename for a business, goods, or services has acquired even though the trademark or tradename was not originally protectable. • The term does not refer to a subordinate or rare meaning, but rather to a later meaning that has been added to the original […]
prospectus (pr[schwa]-spek-t[schwa]s). A printed document that describes the main features of an enterprise (esp. a corporation’s business) and that is distributed to prospective buyers or investors; esp., a written description of a securities offering. • Under SEC regulations, a publicly traded corporation must provide a prospectus before offering to sell stock in the corporation. Pl.
false advertising, n. 1. The tortious and sometimes criminal act of distributing an advertisement that is untrue, deceptive, or misleading; esp., under the Lanham Trademark Act, an advertising statement that tends to mislead consumers about the characteristics, quality, or geographic origin of one’s own or someone else’s goods, services, or commercial activity. • Under §
collisions at sea 〈英〉(海商法)海上碰撞；船舶碰撞 一条船通过接触对另一条船造成损害。海上碰撞责任根据一般的过失责任原则来确定，但船舶是否遵守了1948年《国际海上避碰规则》〔International Regulations for Preventing Collisions at Sea〕，对责任认定有特别重要的意义。1873年至1911年法律上曾推定违反了避碰规则的一方船舶有过错，但这一规定于1911年被废除。如果双方船舶均有过失，则各方依据其过失程度对另一方进行赔偿，若过失程度难以确定，则双方各负一半责任。
call equivalent position. Securities. A security position that increases in value as the value of the underlying equity increases. • It includes a long convertible security, a long call option, and a short put option. SEC Rule 16a-1(b) (17 CFR § 240.16a-1(b)). [Cases: Securities Regulation 5.25(3). C.J.S. Securities Regulation §§ 28–29.]
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Railway Commission 〈英〉铁路委员会 根据1873年《铁路规章法》〔Regulation of Railways Act〕，由3名委员组成，后为铁路和运河委员会〔Railway and Canal Commission〕取代。
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sale-of-business doctrine. The outmoded rule holding that the transfer of stock incident to the sale of a business does not constitute a transfer of securities. • This doctrine was rejected by the U.S. Supreme Court in Landreth Timber Co. v. Landreth, 471 U.S. 681, 105 S.Ct. 2297 (1985), and its companion case, Gould v. Ruefenacht,
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commodity. 1. An article of trade or commerce. • The term embraces only tangible goods, such as products or merchandise, as distinguished from services. 2. An economic good, esp. a raw material or an agricultural product. [Cases: Commodity Futures Trading Regulation 7.]
interference, n. 1. The act of meddling in another’s affairs. 2. An obstruction or hindrance. 3. Patents. An administrative proceeding in the U.S. Patent and Trademark Office to determine who is entitled to the patent when two or more applicants claim the same invention, or when an application interferes with an existing patent. • This
short, adj. 1. Not holding at the time of sale the security or commodity that is being sold in anticipation of a fall in price (the trader was short at the market’s close). 2. Of or relating to a sale of securities or commodities not in the seller’s possession at the time of sale (a