Securities. A company that devotes substantially all of its efforts to establishing a new business in which the principal operations either have not yet begun or have begun but are not generating significant revenue.
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mixed question of law and fact. An issue that is neither a pure question of fact nor a pure question of law. • Mixed questions of law and fact are typically resolved by juries. — Often shortened to mixed question. — Also termed mixed question of fact and law. [Cases: Administrative Law and Procedure 781;
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heartbalm statute. A state law that abolishes the rights of action for monetary damages as solace for the emotional trauma occasioned by a loss of love and relationship. • The abolished rights of action include alienation of affections, breach of promise to marry, criminal conversation, and seduction of a person over the legal age of
abduction (ab-d[schwa]k-sh[schwa]n), n. 1. The act of leading someone away by force or fraudulent persuasion. • Some jurisdictions have added various elements to this basic definition, such as that the abductor must have the intent to marry or defile the person, that the abductee must be a child, or that the abductor must intend to
Director of the United States Patent and Trademark Office. The presidential appointee in charge of the U.S. Patent and Trademark Office. • Until a 2000 reorganization, the PTO chief was the Commissioner of Patents and Trademarks. The Director is also the Under Secretary of Commerce for Intellectual Property. — Formerly termed Commissioner of Patents and
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A witness who can testify about matters having some logical connection with the consequential facts, esp. if few others, if any, know about those matters. [Cases: Witnesses 4.]
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
likelihood-of-confusion test. Trademarks. The test for infringement, based on the probability that a substantial number of ordinarily prudent buyers will be misled or confused about the source of a product when its trademark allegedly infringes on that of an earlier product. [Cases: Trade Regulation 334. C.J.S. Trade-Marks, Trade-Names, and Unfair Competition § 87.]
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major life activity. Any activity that an average person in the general population can perform with little or no difficulty, such as seeing, hearing, sleeping, eating, walking, traveling, and working. • A person who is substantially limited in a major life activity is protected from discrimination under a variety of disability laws, most significantly the
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genuine issue of material fact. Civil procedure. In the law of summary judgments, a triable, substantial, or real question of fact supported by substantial evidence. • An issue of this kind precludes entry of summary judgment. [Cases: Federal Civil Procedure 2470, 2470.1; Judgment 181(2), 185(6). C.J.S. Judgments § 260.]
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