competitive injury. A wrongful economic loss at the hands of a commercial rival, such as the loss of sales due to unfair competition; a disadvantage in a plaintiff’s ability to compete with a defendant, caused by the defendant’s unfair competition. • Most courts require the plaintiff to show a competitive injury as an element of […]
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expunge (ek-sp[schwa]nj), vb. 1. To erase or destroy (the trustee wrongfully expunged the creditor’s claim against the debtor). 2. Parliamentary law. To declare (a vote or other action) null and outside the record, so that it is noted in the original record as expunged, and redacted from all future copies. — Also termed rescind and
embracery (im-brays-[schwa]-ree), n. The attempt to corrupt or wrongfully influence a judge or juror, esp. by threats or bribery. — Also spelled imbracery. — Also termed jury-tampering; laboring a jury. Cf. JURY-FIXING; JURY-PACKING. [Cases: Criminal Law 45.35.] “The word ‘embracery’ … has tended to disappear. It is included in some of the codes but the
effigy (ef-[schwa]-jee), n. A figure, image, or other representation; esp., a crude representation of someone who is disliked. • Effigies are sometimes hanged, burned, or otherwise abused to express public disapproval or ridicule.
emotional distress. A highly unpleasant mental reaction (such as anguish, grief, fright, humiliation, or fury) that results from another person’s conduct; emotional pain and suffering. • Emotional distress, when severe enough, can form a basis for the recovery of tort damages. — Also termed emotional harm; mental anguish; mental distress; mental suffering. See INTENTIONAL INFLICTION
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Antitrust. Under the test for determining whether a private entity may claim a state-action exemption from the antitrust laws, the right of the state to review the entity’s anticompetitive acts and to disap-prove those acts that do not promote state policy. See STATE-ACTION DOCTRINE; MIDCAL TEST. [Cases: Monopolies 12(15.5). C.J.S. Monopolies §§ 136, 138–143.]
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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
dismemberment. 1. The cutting off of a limb or body part. 2. Int’l law. The disappearance of a country as a result of a treaty or an annexation, whereby it becomes part of one or more other countries. 3. Int’l law. The reduction of a country’s territory by annexation or cession, or the secession of
Stationers’ Hall. Hist. The hall of the Stationers’ Company, established in London in 1553, at which every person claiming a copyright was required to register as a condition precedent to filing an infringement action. “Accordingly ‘Entered at Stationers’ Hall’ on the title page of books was a form of warning to pirates that the owner
hot-news test. Intellectual property. A judicial test for determining whether a misappropriation claim is preempted by the Sears–Compco doctrine by analyzing whether, in addition to the elements of copyright infringement, the claim also requires proof of (1) time-sensitive information collected at a cost to the plaintiff, (2) unfair use of that information by a directly