Confusion

Confusion in United States

Confusion Definition

In Common Law. The intermixture of the goods of two persons, so that the several portions can be no longer distinguished. 2 Bl, Comm. 405. The term, and, in a great degree, the doctrine, are borrowed from the confusio of the civil law. The meaning of the former, however, has been so far modified as to include not only the intermixture or interfusion of liquids and metals (the confusio proper of the civil law), but also that of dry articles (properly expressed in the same law by the term commixtio). The doctrines, also, of the two systems so far differ that, while the civil law allows a party who wilfully intermixes his property with that of another, without his approbation or consent, a satisfaction for what he has so improvidently lost, the common law allows him nothing, but gives the entire property to the other party. 2 Bl. Comm. 405; Inst. 2. 1. 28; 2 Steph. Comm. 85; 2 Kent, Comm. 364; U.S. Dig. It is the admixture of goods of the same kind, as distinguished from “accession,” which is the union of materials of different kinds. In Civil Law. The blending or union of the characters of debtor and creditor in the same person; the union of the obligation of the debtor with the right of the creditor, which dissolves or extinguishes the former. Heinec. Elem. Jur. Civ. bk. 3, tit. 30, § 1006; Ersk. Inst. lib. e, tit. 4, § 23. Thus, where a woman obligee marries the obligor, the debt is extinguished. 1 Salk. 306.

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Legal Issue for Attorneys

In Common Law. The intermixture of the goods of two persons, so that the several portions can be no longer distinguished. 2 Bl, Comm. 405. The term, and, in a great degree, the doctrine, are borrowed from the confusio of the civil law. The meaning of the former, however, has been so far modified as to include not only the intermixture or interfusion of liquids and metals (the confusio proper of the civil law), but also that of dry articles (properly expressed in the same law by the term commixtio). The doctrines, also, of the two systems so far differ that, while the civil law allows a party who wilfully intermixes his property with that of another, without his approbation or consent, a satisfaction for what he has so improvidently lost, the common law allows him nothing, but gives the entire property to the other party. 2 Bl. Comm. 405; Inst. 2. 1. 28; 2 Steph. Comm. 85; 2 Kent, Comm. 364; U.S. Dig. It is the admixture of goods of the same kind, as distinguished from “accession,” which is the union of materials of different kinds. In Civil Law. The blending or union of the characters of debtor and creditor in the same person; the union of the obligation of the debtor with the right of the creditor, which dissolves or extinguishes the former. Heinec. Elem. Jur. Civ. bk. 3, tit. 30, § 1006; Ersk. Inst. lib. e, tit. 4, § 23. Thus, where a woman obligee marries the obligor, the debt is extinguished. 1 Salk. 306.

Notice

This definition of Confusion is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.

Likelihood of Confusion Pursuant to the Federal Lanham Act, 15 U.S.C.A. §§ 1051 et seq.

This section discusses generally the subject of Likelihood of Confusion Pursuant to the Federal Lanham Act, 15 U.S.C.A. §§ 1051 et seq., how to determine the facts essential to Likelihood of Confusion Pursuant to the Federal Lanham Act, 15 U.S.C.A. §§ 1051 et seq., and, to some extent, how to prove it in litigation and defense. Related topics are also addressed.


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