wex articles

Definition

Vicarious infringement is a form of secondary liability for direct infringement based on the common law principle of respondeat superior.

A person may be held liable for the infringing acts committed by another if he or she had the right and ability to control the infringing activities and had a direct financial interest in such activities.  The existence of direct infringement is required to establish a claim of vicarious infringement: however, it is not necessary for the alleged infringer to have intent or knowledge of the infringement.<

Definition

A form of secondary liability for direct infringement of a patent, copyright, or trademark.  A means by which a person may be held liable for infringement even though he or she did not actually engage in infringing activities.

Definition

The use of a mark or trade name in commerce sufficiently similar to a famous mark that by association it reduces, or is likely to reduce, the public's perception that the famous mark signifies something unique, singular or particular.

A bundle of torts including fraud, negligent misrepresentation, interference with contractual relations, interference with prospective advantage, and injurious falsehood.

A tort. An intentional act by a defendant that interferes with the chattel of a plaintiff.

A right to possession of land that is a future right as opposed to a present right.  It may be conditioned upon the occurrence of a certain condition or event.  It can also be uncoditional.  Contrast with a possessory estate.

Future interests are created at the formation of a defeasible estate.  The future interest will either take effect following the natural termination of the prior estate, or will cut shore the prior estate.
 

Also known as a present possessory estate.  The holder of this has the present or current right to possess the real property.  This may be contrasted with a future interest which is a future right to possess.  Present estates are divided into Non-Freehold Estates (in which the tenant does not hold possession - rents or leases) and Freehold Estates (in which the tenant does hold ownership).  There are three kinds of Fre

Definition

A federal court's decision not to exercise jurisdiction over a case.  The usual goal of abstention is the avoidance of needless conflict with a state court.  See Federalism.

Unfair Labor Practices: an overview

Under the National Labor Relations Act ("NLRA"), there are three broad categories of Unfair Labor Practices ("ULPs").  The three categories of ULPs consist of those under Section 8 of the NLRA.  Section 8(a) lists the ULPs of employers, Section 8(b) lists the ULPs of labor organizations, and 8(c) lists the ULPs that are the result of combined activity of employers and labor organizations.

National Labor Relations Act: an overview

The focus of the traditional law of unions, which makes up the major part of the area of law known as labor law, is on workers collectively and their rights as a group. This may be distinguished from employment law which focuses more on issues relating to the rights of individual employees. The body of law of which labor law is comprised is notable for the primacy of the National Labor Relations Act (NLRA). The NLRA is codified at 29 U.S.C. §§ 151-169 and purports to serve the national interest of the United States regarding labor relations within the country. As may be noted during periods of widespread strikes, uneasy relations in this sphere can very quickly and severely have an adverse effect on the entire country. Clear policy regarding labor and management encourages the best interests of the United States which is to maintain full economic production.  Industrial peace is essential to a functioning economy. The NLRA seeks to limit industrial strife among employers, employees, and labor organizations which could hinder full production in the United States economy.