intellectual property

Cease and Desist Letter

A cease-and-desist-letter is a cautionary letter sent to an alleged wrongdoer describing the alleged misconduct and demanding that the alleged misconduct be stopped. A cease-and-desist letter provides notice that legal action may and will be taken if...

Certification Mark

Definition

A mark used in commerce by a person other than its owner to identify goods or services as being of a particular type.

Overview

Certification marks are protected and regulated as a type of trademark under the Lanham Act, but serve a...

Claim

1. A set of operative facts creating a right enforceable in court. Though generally synonymous with cause of action, "claim" is slightly broader because it captures not only wrongs with standard names (e.g., battery), but also newly created rights...

Claims

A patent claim is a formal description of the novel features of an invention and of the scope of protection created by the patent.

Clean Room

Definition from Nolo’s Plain-English Law DictionaryA method of developing proprietary material in which an isolated development team is monitored. The purpose is to provide evidence that similarities to others works or products are due to legitimate...

Collective Mark

Definition

A type of trademark used by members of a collective, association, or other organization to indicate membership and/or to distinguish the goods and services of members from those of non-members.

Overview

A collective mark is a type of...

Collective Membership Mark

A type of trademark used to identify membership in a particular collective group or organization, cooperative or association. Collective membership marks are unique in that the are used solely for the purpose of identifying the person displaying the...

Collective Work

Definition

A work, such as an issue of a magazine, an anthology or an encyclopedia, in which a number of contributions, constituting separate and independent works in themselves, are assembled into a collective whole. See 17 U.S.C. §101. This is...

Commerce

In 15 U.S.C. §1127:

1) The exchanging, buying, or selling of things having economic value between two or more entities, for example goods, services, and money. Commerce is often done on a large scale, typically between individuals, businesses,...

Commercial Exploitation

Term that includes all activities used to benefit commercially from one's property. Examples include making property, selling it, offering it for sale, or licensing its appropriation or use.

See, e.g., Patent.

Pages