intellectual property

infringement (of trademark)

Definition from Nolo’s Plain-English Law DictionaryUnauthorized use of a trademark or service mark (or a substantially similar mark) on competing or related goods and services. The success of a lawsuit to stop the infringement turns on whether the...

infringement (of utility patent)

A utility patent is one of the three types of patents that can be applied in the USPTO (the United States Patent and Trademark Office). It is the most common type of patent. A utility patent can be a useful process, a machine, an...

Intellectual property

Overview

In general terms, intellectual property is any product of the human intellect that the law protects from unauthorized use by others. The ownership of intellectual property inherently creates a limited monopoly in the protected property...

Intellectual Property Clause

Overview

Article I, Section 8, Clause 8, of the United States Constitution grants Congress the enumerated power "To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their...

interference

See Interference Proceedings

IP

IP (Intellectual property) is a non-physical property that is the product of an original thought, such as inventions, designs, literacy, images, names, etc. IP law protects the control of the physical manifestations of the original ideas. In the...

joint work

Under the Copyright Act, a joint work is "a work prepared by two or more authors with the intention that their contributions be merged into inseparable or interdependent parts of a unitary whole." See 17 U.S.C. §101.

Know-how

Definition

The ability to achieve a practical end due to knowledge and/or skill. Know-how is intangible property, the rights to which a person may buy or sell.

Illustrative caselaw

See, e.g. Copperweld Corp. v. Independence Tube Corp., 467 U.S. 752...

Lanham Act

Overview

The Lanham Act, 15 U.S.C. §§ 1051 et seq., was enacted by Congress in 1946. The Act provides for a national system of trademark registration and protects the owner of a federally registered mark against the use of similar marks if such use is...

Lapp Test

The Lapp Test is the standard used to determine whether a likelihood of confusion exists between two trademarks. Under the Lanham Act, liability for trademark infringement is essentially based on a finding that the use of one trademark causes a...

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