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Simple English definitions for legal terms

explanatory-phrase rule

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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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medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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