intellectual property

Extradition

Extradition is the removal of a person from a requested state to a requesting state for criminal prosecution or punishment. Put differently, to extradite is to surrender, or obtain surrender of, a fugitive from one jurisdiction to another. see, e.g....

Fair Use

Fair use is a type of affirmative defense in copyright law. Regulated under 17 USC §107, the congress list four factors in deciding if a use of the original work is a fair use. The four factors are: 1) the character and purpose of the use; 2) the...

Fixed in a Tangible Medium of Expression

Under the Copyright Act, a work is fixed in a tangible medium of expression "when its embodiment in a copy or phonorecord, by or under the authority of the author, is sufficiently permanent or stable to permit it to be perceived, reproduced, or...

Functionality Doctrine (Trademark)

Definition

The functionality doctrine prevents trademark law, which seeks to promote competition by protecting a firm's reputation, from instead inhibiting legitimate competition by allowing a producer to control a useful product feature. See Qualitex...

Generic

In trademark law, the status of a word or symbol commonly used to describe an entire type of product or service rather than to distinguish one product or service from another. An example is "raisin bran," used by several manufacturers of breakfast...

Genericide

A process by which a trademark owner loses trademark rights because the trademark is used widely and indiscriminately to refer to a type of product or service. For example, escalator was originally a protected trademark used to designate the moving...

Indirect Infringement

A third party may be found liable for direct infringement of a patent, copyright or trademark committed by another under a theory of secondary liability if the third party actively induced, encouraged or materially contributed to the infringing...

Inducement of Infringement

Any person who actively induces infringement of a patent is liable as an infringer. See 35 U.S.C. § 271(b).

Infringement by inducement is a form of secondary liability for patent infringement. A person who does not commit direct infringement...

infringement

An infringement is a violation, a breach, or an unauthorized act. Infringement occurs in various situations. A harm to one’s right is an infringement. A violation of a statute is also an infringement. In a commercial contract, an...

infringement (of copyright)

The unauthorized use of a work that violates the owners copyrights (their rights to exclusive use of the work). For example, if a person bootlegs a movie from the theather are sells copies on the streets, they are infringing on the copyright of the...

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