secondary

In English practice, an officer of the courts of king's bench and common pleas; so called because he was second or next to the chief officer. In the king's bench he was called "Master of the King's Bench Office," and was a deputy of the prothonotary or chief clerk. By St. 7 Wm. IV, and 1 Viet., c. 30, the office of secondary was abolished

secondary, adj

Of a subsequent, subordinate, or inferior kind or class; generally opposed to "primary."

As to secondary conveyance

- secondary easement

- secondary evidence

- secondary franchise

- secondary meaning

- secondary use

- secondary vein, see those titles

@ secondary beneficiary

The beneficiary next in line to collect should the primary beneficiary be unable to do so

@ secondary boycott

Any combination if its purpose and effect are to coerce customers or patrons, or suppliers through fear of loss or bodily harm, to withhold or withdraw their business relations from employer who is under attack. Wright v. Teamsters' Union Local No. 690, 33 Wash.2d 905, 207 P.2d 662, 665.

Term refers to refusal to work for, purchase from or handle products of secondary employer with whom union has no dispute, with object of forcing such employer to stop doing business with primary employer with whom union has dispute. C. Cornelia, Inc. v. United Farm Workers Organizing Committee, 33 Ohio App.2d 61, 292 N.E.2d 647, 656.

While secondary boycotts are generally prohibited by federal labor laws, such are allowed by transportation workers under the National Railway Labor Act.

See also boycott

+ secondary boycott

A combination to exercise coercive pressure on customers, actual or prospective, to cause them to withhold or withdraw their patronage of a certain business or product.

@

- secondary picketing

@ secondary distribution

In securities, the new distribution of stock after it has been initially sold by the issuing corporation. It is not a new issue, but rather a public sale of stock which has previously been issued and held by large corporations and investors. Also, the sale of a large block of stock after the close of business of the exchange.

See also offering

- secondary offering

@ secondary easement

An easement to accomplish the intended purposes of the primary easement. One which is appurtenant to the primary or actual easement

+ secondary easement

One which is appurtenant to the primary or actual easement. Every easement includes such "secondary easements," that is, the right to do such things as are necessary for the full enjoyment of the easement itself

@ secondary evidence

That which is inferior to primary or best evidence. Thus, a copy of an instrument, or oral evidence of its contents, is secondary evidence of the instrument and contents. It is that species of evidence which becomes admissible, when the primary or best evidence of the fact in question is lost or inaccessible; as when a witness details orally the contents of an instrument which is lost or destroyed.

See also circumstantial evidence

- hearsay

- second-hand evidence

Compare best evidence

@ secondary lender

A wholesale mortgage buyer who purchases first mortgages from banks and savings and loan associations, enabling them to restock their money supply and loan more money

@

- secondary liability

@ secondary market

Securities exchanges and over-thecounter markets where securities are bought and sold after their original issue (which took place in the primary market). Proceeds of secondary market sales accrue to selling investors not to the company that originally issued the securities.

See also primary market

@ secondary meaning

Some words or other devices used as trademarks may not be distinctive when first adopted, but may acquire distinctiveness over time. When such a mark has come to signify that an item is produced or sponsored by a particular merchant it is said that the mark has secondary meaning. Types of marks requiring secondary meaning before they will be protected include

(1) descriptive and misdescriptive terms;

(2) geographically descriptive and misdescriptive terms and

(3) surnames.

Under the Lanham Act, five years of exclusive use of a mark is deemed prima facie evidence of secondary meaning. Perfect Fit Industries, Inc. v. Acme Quilting Co., Inc., C.A.N.Y., 618 F.2d 950, 952

@ secondary mortgage market

A national market in which existing mortgages are bought and sold; usually on a package basis. Contrasts with the primary market where mortgages are originated

@ secondary offering

See offering

- secondary distribution

@ secondary parties

In negotiable instruments, a drawer or endorser. U.C.C. No. 3-102(lXd)

@ secondary picketing

A form of picketing in which pressure is put on one business establishment with which there is no dispute in order to induce such business to put pressure on the business establishment with which the employees have a primary dispute.

See also secondary boycott

- secondary strike

@

- secondary strike