Terms Used In Oregon Statutes > Chapter 647 > Trademarks and Service Marks > Remedies
- City: includes any incorporated village or town. See Oregon Statutes 174.100
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dilution: means an association that arises from the similarity between a mark or trade name and a famous mark, regardless of the presence or absence of competition between the owner of the famous mark and another party, actual or likely confusion, mistake, deception or actual economic injury, if the association:
(a) Impairs the distinctiveness of the famous mark, an association commonly known as dilution by blurring; or
(b) Harms the reputation of the famous mark, an association commonly known as dilution by tarnishment. See Oregon Statutes 647.005
- Felony: A crime carrying a penalty of more than a year in prison.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Mark: means a trademark or service mark entitled to registration under this chapter whether registered or not. See Oregon Statutes 647.005
- Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
- Person: means an individual, firm, partnership, corporation, association, limited liability company, union or other organization capable of suing or being sued in a court. See Oregon Statutes 647.005
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109
- Registrant: means a person to whom the registration of a mark is issued under this chapter, and the person's legal representatives, successors or assigns. See Oregon Statutes 647.005
- Service mark: means a word, name, symbol or device or a combination of words, names, symbols or devices that a person uses to identify and distinguish the person's services, including a unique service, from another person's services and to indicate the source of the services, even if the source is unknown. See Oregon Statutes 647.005
- state government: means the executive department, the judicial department and the legislative department. See Oregon Statutes 174.111
- Statute: A law passed by a legislature.
- Trademark: means a word, name, symbol or device or a combination of words, names, symbols or devices that a person uses to identify and distinguish the person's goods, including a unique product, from another person's goods and to indicate the source of the goods, even if the source is unknown. See Oregon Statutes 647.005
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
- Use: means a bona fide use of a mark as described in ORS 647. See Oregon Statutes 647.005