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Simple English definitions for legal terms

explanatory-phrase rule

Read a random definition: enrolled

A quick definition of explanatory-phrase rule:

The explanatory-phrase rule is a principle that helps resolve conflicts between two important principles in trademarks. The first principle is that everyone has the right to use their family name in business. The second principle is that no one can use their family name in a way that unfairly hurts someone else's business. If a senior user of a family-name trademark believes that a junior user is unfairly competing with them, they can ask for a judicial remedy. This remedy requires the junior user to include an explanation on their signs, labels, and advertisements that they are not affiliated with the senior user's company.

A more thorough explanation:

The explanatory-phrase rule is a principle in trademark law that states that if a company uses a family name as a trademark and another company uses the same family name for competing goods or services, the senior user of the family-name trademark is entitled to a judicial remedy for unfair competition. This remedy requires the junior user to include an explanation on their signs, labels, and advertisements that they are not affiliated with the senior user's company.

This rule is based on two conflicting principles: (1) everyone has the right to use a family name in business, and (2) no one may use a family name in a way that unfairly hurts someone else's business.

For example, if a company named "Smith & Sons" sells shoes and another company also named "Smith & Sons" starts selling shoes, the senior user of the trademark (the original "Smith & Sons" company) can take legal action against the junior user for unfair competition. The junior user would then be required to include an explanation on their signs, labels, and advertisements that they are not affiliated with the senior user's company.

This rule helps to protect the reputation and goodwill of the senior user's company and prevents confusion among consumers who may think that the junior user's products are associated with the senior user's company.

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HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
I've been UR since first/second week of Jan, no updates otherwise, is that a bad sign? At or above median LSAT and above 75th gpa.
The profile links are not working for me. anybody else?
13:18
i’m in the same boat mastermonkey but with lower stats. i hope i hear back by mid march
CheeseIsMyLoveLanguage
13:24
@mastermonkey45: Looking at some of the recent decisions in relation to when they went complete, I'd say it's a good sign. It seems many declines were sent within about 5-6 weeks of completion. Given those were applications that were SENT in January, I'd say that means you're still solidly in the running. :)
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