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Dominancy Test in Trademark (Kolin v. Kolin)
The Dominancy Test focuses on the similarity of the prevalent features of the competing trademarks which might cause confusion or deception, and thus infringement. If the competing trademark contains the main, essential or dominant features of another, and confusion or deception is likely to result, infringement takes place. Duplication or imitation is not necessary; nor is it necessary that the infringing label should suggest an effort to imitate. The question is whether the use of the marks involved is likely to cause confusion or mistake in the mind of the public or deceive purchasers.
Res Ipsa Loquitur
The doctrine of res ipsa loquitur is an exception to the rule that hearsay evidence is devoid of probative value. This is because the doctrine of res ipsa loquitur establishes a rule on negligence, whether the evidence is subjected to cross-examination or not. It is a rule that can stand on its own independently of the character of the evidence presented as hearsay.
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This 2-day hands-on training is specially designed for paralegals and legal secretaries involved in preparing or reviewing contracts. Build practical skills and gain the confidence to craft documents that protect your organization's interests.
Condonation Doctrine
The condonation doctrine holds that a public official’s re-election bars removal for administrative misconduct committed during a prior term, as it is deemed a public condonation of past acts. However, in Carpio-Morales v. Binay, the Supreme Court abandoned the doctrine for lack of legal basis and for being contrary to the Constitution, with the ruling applying prospectively from April 12, 2016.
Struggling to draft contracts that are clear, compliant, and enforceable?
This 2-day hands-on training is specially designed for paralegals and legal secretaries involved in preparing or reviewing contracts. Build practical skills and gain the confidence to craft documents that protect your organization's interests.