trade

The act or the business of buying and selling for money; traffic; barter. May v. Sloan, 101 U.S. 231, 25 L.Ed. 797. Purchase and sale of goods and services between businesses, states or nations. Trade is not a technical word and is ordinarily used in three senses:

(1) in that of exchanging goods or commodities by barter or by buying and selling for money;

(2) in that of a business occupation generally;

(3) in that of a mechanical employment, in contradistinction to the learned professions, agriculture, or the liberal arts. People v. Polar Vent of America, Inc., 10 Misc.2d 378, 174 N.Y.S.2d 789, 793.

An occupation or regular means of livelihood and is business one practices or the work in which one engages regularly. One's calling; occupation; gainful employment; means of livelihood. People v. Carr, 163 Cal. App.2d 568, 329 P.2d 746, 752.

See also trade or business.

Transaction involving purchase and sale of stocks, bonds, or other securities.

See also balance (balance of trade); commerce; trade and commerce; trade or business

@ trade acceptance

A draft or bill of exchange drawn by the seller on the purchaser of goods sold, and accepted by such purchaser, and its purpose is to make the book account liquid, and permit the seller to raise money on it before it is due under the terms of the sale, and its principal function is to take the place of selling goods on an open account and when properly drawn, it is negotiable. Gilliland & Echols Farm Supply & Hatchery v. Credit Equipment Corp., 269 Ala. 190, 112 So.2d 331, 332.

A draft drawn by a seller which is presented for signature (acceptance) to the buyer at the time goods are purchased and which then becomes the equivalent of a note receivable of the seller and the note payable of the buyer. A bill of exchange or draft drawn by the seller of goods on the purchaser and accepted by such purchaser. Once accepted, the purchaser becomes primarily liable to pay the draft.

See U.C.C. No. 3-413(1)

@ trade agreement

Agreement between two countries or among many nations concerning buying and selling of each country's goods.

See also collective bargaining agreement

- GATT

- most favored nation clause

- reciprocal trade agreements

@ trade and commerce

The words "trade" and "commerce," when used in juxtaposition impart to each other enlarged signification, so as to include practically every business occupation carried on for subsistence or profit and into which the elements of bargain and sale, barter, exchange, or traffic, enter.

See commerce

@ trade association

An association of business organizations having similar problems and engaged in similar fields formed for mutual protection, interchange of ideas and statistics and for maintenance of standards within their industry

@ trade commission

See Federal Trade Commission

@ trade deficit

@ trade surplus

@ trade deficit or surplus

trade deficit or surplus

Excess of nations imports over exports (trade deficit) or exports over imports (trade surplus). Such determines a nation's balance of trade (positive or negative).

See balance (balance of trade)

@ trade discount

A discount from list price offered to all customers of a given type; e.g. discount offered by lumber dealer to building contractor. Difference between seller's list price and the price at which he actually sells goods to the trade. State v. Eau Claire Oil Co., 35 Wis.2d 724, 151 N.W.2d 634, 642. Contrast with a discount offered for prompt payment and quantity discount

+ trade discount

Price reduction to different classes of customers; e.g. discount given by lumber dealers to builders and contractors

@ trade dispute

Within Unemployment Insurance Act barring benefit payments to persons who leave work because of trade dispute, the term includes controversy over working conditions, American-Hawaiian S. S. Co. v. California Employment Commission, 24 Cal.2d 716, 151 P.2d 213, 215; and, unwillingness to cross picket lines, Mattson Terminals v. California Employment Commission, 24 Cal.2d 695, 151 P.2d 202, 206.

See unfair labor practice

@ trade dollar

A silver coin of the United States, of the weight of four hundred and twenty grains, troy

@ trade dress

The total appearance and image of a product, including features such as size, texture, shape, color or color combinations, graphics, and even particular advertising and marketing techniques used to promote its sale. John H. Harland Co. v. Clarke Checks, Inc., C.A.Ga., 711 F.2d 966, 980.

Duplication of the trade dress of another's goods is actionable as passing off at common law and under Trademark Act. 15 U.S.C.A. No. 1125(a). Commercial prints and labels constituting key elements of trade dress may be protectible under the copyright laws as well

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- trade fixtures

@ trade libel

Intentional disparagement of quality of property, which results in pecuniary damage to plaintiff. Erlich v. Etner, 224 C.A.2d 69, 36 Cal.Rptr. 256, 258. The distinction between "libel" and "trade libel" is that the former concerns the person or reputation of plaintiff and the latter relates to his goods. Shores v. Chip Steak Co., 130 C.A.2d 627, 279 P.2d 595, 597

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