capacity

into the dilution inquiry both the present and the potential power of the famous mark to identify and distinguish goods, and in some cases the fact that this power will be diminished could suffice to show dilution.

Ability, power, qualification, or competency of persons, natural or artificial. 2 Comyn. Dig. 294; Dane, Abr. (1) Natural power or competency to perform an act, as capacity to contract, capacity to commit crime. (2) Official, or representative power or character. As to when one is acting in an official, and not a personal capacity, see 3 Story (U. S.) 87; 6 Robt. (N. Y.) 502. The word "capacity" does not include "experience." 234 111. 623; 227 111. 442. CAPAX DO LI (Lat. capable of committing crime). The condition of one who has sufficient mind and understanding to be made responsible for his actions.

Ability, power, qualification, or competency of persons, natural or artificial, for the performance of civil acts depending on their state or condition as defined or fixed by law; as, the capacity to devise, to bequeath, to convey lands; or to take and hold lands; to make a contract, and the like. 2 Com. Dig. 294. CAPAX DO LI (Lat. capable of committing crime). The condition of one who has sufficient mind and understanding to be made responsible for his actions. See 'Discretion.

Ability, power, competency or qualification to do certain acts, perform a certain function, or assume a certain relation; as capacity to contract, to devise, to take or hold lands; capacity to act as administrator or guardian, or referee, or as a public officer. Hence fiduciary, judicial and ministerial capacity.

Legal capacity is the attribute of a person whocan acquire new rights, or transfer rights, or assume duties, according to the mere dictates of his own will, as manifested in juristic acts, without any restraint or hindrance arising from lis status or legal condition. Ability; qualification; legal power or right. Applied in this sense to the attribute of persons (natural or artificial) growing out of their status or furistic condition, which enables them to perform civil acts; as capacity to hold lands, capacity to devise, etc.

Ab Uity to take, do, act: competency, qualification, fitness, power. See Capax. 1. Power or fitness to perform a particular legal act; mental qualification: as, capacity to enter into a contract, disposing or testamentary capacity. Capacity for guilt: will joined with an act." The test of capacity to make an agreement or a conveyance is, that a man shall have the ability to understand the nature and effect of the act in which he is engaged.' See Influence. 3. Character or function, relation or office, invested or confei Ted by law: as, capacity to 'act as an executor, administrator, guardian, trustee, referee, judge, sheriflf, or other officer. Whence also flduciaiy, judicial, ministerial capacity; professional capacity; men in public capacity — see Libel, 5; Descriptio, Personae.

[Lat. capacitas, from capax, able to take.] Strictly, ability to take. The legal ability or power of an individual or corporation to do certain acts, as to give or take lands or other things; or to bring actions, <fec.* 2 Bl. Com. 290. Termes de la ley. Cowell. See Story's Coafl. Laws, ch. iv.

This word is taken in various senses. 1. It is that aptitude which good order requires a man should possess for the employment to which he is destined. The constitution requires that the president, senators and ropresentatives should have attained certain ages, and in the case of the senators and representatives that they should have local qualifications; without these they have no capacity to serve in these offices. 2. Capac ity is more vise or bequeath, to grant lands or receive such prants, to give or to receive, to inherit, to marry, and the like. 2 Com. Dig. 294; Dane’s Ab. Index, h. t.