Also known as: descriptive terms · descriptive mark
Written by attorneys · grounded in primary & secondary sources — see below
A statutory heading that identifies a subject area of authority. Reference to the heading in a power of attorney incorporates the entire statutory description of powers for that subject.
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Troy executed a durable power of attorney that granted Faith general authority concerning claims and litigation. Faith later signed a release and assignment settling a dispute over an unauthorized documentary. The reference to the statutory heading supplied Faith with full power to compromise the claims and bind Troy to the agreement.
Nebraska enacted a statute using the phrase partial birth abortion to identify a specific medical procedure. The Court examined whether the chosen wording accurately captured the conduct the legislature intended to regulate without creating vagueness problems.
A products liability defendant raised contributory negligence as a defense after the plaintiff failed to wear a seatbelt. The court noted that contributory fault would more precisely describe conduct creating risk only to the actor rather than to others.
Taco Cabana claimed trade dress protection for its restaurant layout and decor. The Court placed the claimed elements along the spectrum of marks and considered whether they functioned as descriptive rather than inherently distinctive indicators of source.
A developer sold multiple lots subject to residential-use covenants. When one owner sought to build a commercial structure, the court applied the reciprocal negative easement doctrine to enforce the restriction against the remaining parcels.
A journalist rearranged and added words to a subject's interview statements before publication. The court assessed whether the resulting composite remained a fair report or instead created a materially false impression of the speaker's views.
A reference to the statutory heading incorporates the entire description of powers for that subject as if the text were written out in the document. The principal need not list every permitted act individually.
Supporting sources
Yes. The statute expressly permits the principal to modify or carve back authority that would otherwise be incorporated by the reference to the statutory heading.
Supporting sources
…of restraint, the owner of the lot or lots retained can do nothing forbidden to the owner of the lot sold. For want of a better descriptive term this is styled a reciprocal negative easement. It runs with the land sold by virtue of express fastening and abides with the land retained until loosened by expiration of its period of…