Direct Infringement

The unauthorized exercise of one of the exclusive rights granted to the owner of a patent, copyright or trademark. 

In patent, direct infringement occurs when a person without authorization makes, uses, offers to sell or sells any patented invention within the United States or imports into the United States any patented invention during the term of the patent therefor.  See 35 U.S.C. § 271.

In copyright, direct infringement occurs when a person without authorizaton reproduces, distributes, displays, or performs a copyrighted work, or prepares a derivative work based on a copyrighted work.  See 17 U.S.C. § 106.

In trademark, direct infringement occurs when a person without authorization uses a registered mark on or in connection with the sale, offering for sale, distribution or advertising of goods or services that is likely to cause confusion, or to cause mistake, or to deceive.  See 15 U.S.C. § 1114.  When a mark is unregistered, direct infringement occurs when a person without authorization uses a mark in commerce in connection with goods or services that is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of the goods or services identified by the mark.  See 15 U.S.C. § 1125.

 

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