The explanatory-phrase rule is a principle that addresses conflicts between the rights to use one’s family name in business and the prohibition against unfairly harming another’s business. If a senior user of a family-name trademark believes a junior user is unfairly competing, they can seek a judicial remedy requiring the junior user to include an explanation on their signs, labels, and advertisements disclaiming affiliation with the senior user’s company.
The explanatory-phrase rule in trademark law 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 legal remedy for unfair competition. This remedy mandates the junior user to include a clarification on their signs, labels, and advertisements that they are not affiliated with the senior user’s company. The rule is based on the conflicting principles of allowing everyone to use a family name in business while preventing unfair harm to someone else’s business. For instance, if a company named “Smith & Sons” sells shoes and another company with the same name starts selling shoes, the original “Smith & Sons” company can take legal action against the junior user for unfair competition. The junior user would then be obligated to include an explanation on their signs, labels, and advertisements to disassociate themselves from the senior user’s company. This rule safeguards the reputation and goodwill of the senior user’s company and avoids confusion among consumers who may mistakenly associate the junior user’s products with the senior user’s company.
The Explanatory-Phrase Rule is a legal principle that states that when interpreting a statute, any explanatory phrase included in the statute should be given weight and considered in determining the statute’s meaning.
The Explanatory-Phrase Rule requires courts to consider any explanatory phrases included in a statute to understand the legislature’s intent and purpose behind the law. It helps in interpreting ambiguous or unclear statutory language.
Explanatory phrases are not binding in statutory interpretation, but they are considered persuasive and can provide valuable insight into the legislative intent behind a law.
The Explanatory-Phrase Rule is a common principle used in statutory interpretation in many legal jurisdictions. However, its application may vary depending on the specific laws and rules of each jurisdiction.
The Explanatory-Phrase Rule is just one of many rules used in statutory interpretation. It may be used in conjunction with other rules, such as the plain meaning rule or the legislative history rule, to determine the most accurate interpretation of a statute.
The Explanatory-Phrase Rule cannot be used to override the plain meaning of a statute. It is meant to aid in understanding the legislative intent behind a law, but it cannot be used to completely disregard the clear and unambiguous language of a statute.
When applying the Explanatory-Phrase Rule, courts will carefully analyze the language of the statute, including any explanatory phrases, and consider the legislative history, purpose, and context of the law to determine its meaning.
The Explanatory-Phrase Rule is primarily used in interpreting statutes rather than constitutional provisions. Constitutional interpretation often involves different principles and methods, such as originalism or living constitutionalism.
One limitation of the Explanatory-Phrase Rule is that it may not be applicable if the explanatory phrase contradicts the clear intent or purpose of the statute. In such cases, courts may give more weight to the overall legislative intent rather than the specific explanatory phrase.
The Explanatory-Phrase Rule is primarily used in interpreting statutes, not case law. Case law interpretation involves different principles, such as precedent and legal reasoning, rather than relying on explanatory phrases within the law itself.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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