Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Confusion
1. CONFUSION OF GOODS. 2. MERGER (8)."Confusion is the intermingling of two or more pieces of personal property so that the property rights in each can no longer be distinguished. Thereafter, no specific identification or separation of the formerly separate chattel is possible. Such an intermingling occurs most often with fungible goods like gas, oil, grain, mineral ore, or unmarked timber." Barlow Burke, Personal Property in a Nutshell 379 (2d ed. 1993).
Multiplex et indistinctum parit confusionem; et quaestiones quo simpliciores, eo lucidiores
Multiplicity and indistinctness produce confusion: the simpler questions are, the more lucid they are.
confusio
[fr. Latin confundere "to pour together"I le Roman law. Aninseparable mixture of liquid property belonging to different owners. Cf. COMMIXTIO. 2. Scot., law. A doctrine whereby a lesser right is ahsorbed into a greater right and is thus extinguished.
confusion of boundaries
Hist. The branch of equity that deals with the settlement of disputed or uncertain boundaries
confusion of debts
See MERGER (8 ,.
confusion of goods
The mixture of things of the same nature but belonging to different owners so that the identification of the things is no longer possible. 0 If this occurs by common consent of the owners, they are owners in common, but if the mixture is done willfully by one person alone, that person loses all right in the property unless (1) the goods can be distinguished and separated among owners, or ( 2 the mixing person's goods are equal in value to the goods with which they were intermingled. Confusion of goods combines the civil-law concepts of confusio (a mixture of liquids) and commixtio (a mixture of dry items). - Also termed intermixture of goods.
confusion of rights
See MERGER ~8).
confusion of titles
Ciuil law. The merger of two titles to the same land in the same person. Cf. MERGER (8)
likelihood-of-confusion test
Trademark. The test for infringement, based on the probability that a substantial number of ordinarily prudent buyers will be misled or confused about the source of a product when its trademark allegedly infringes on that of an earlier product.
reverse-confusion doctrine
Intellectual property. The rule that it is unfair competition if the defendant's use of a title that is confusingly similar to the one used by the plaintiff leads the public to believe that the plaintiff's work is the same as the defendant's, or that it is derived from or associated in some manner with the defendant. ( Under the conventional passing-off form of unfair competition, similarity of titles leads the public to believe that the defendant's work is the same as the plaintiff's work, or is in some manner derived from the plaintiff. But in reverse confusion, the unfair competition results from the confusion created about the origin of the plaintiff's work.