intellectual property

license

Generally, a “license” is permission granted by a qualified authority permitting a licensee to do something that would otherwise be prohibited. “License” may also refer to a physical document granting such permission, sometimes...

likelihood of confusion

In a trademark action, the court considers whether one’s use of the trademark creates a likelihood of confusion with an already existing trademark.

Lower courts generally assess the likelihood by considering multiple factors such as: the...

literary works

Under the Copyright Act, "literary works" are "works, other than audiovisual works, expressed in words, numbers, or other verbal or numerical symbols or indicia, regardless of the nature of the material objects, such as books, periodicals, manuscripts...

Mark

A shorthand term referring to trademarks, service marks, collective marks, and certification marks. A mark may be a word, name, symbol, or device, or any combination thereof. See 15 U.S.C. § 1127.

Moral Rights

The concept of “moral rights” refers to certain rights of authors, granted under copyright law and recognized most prevalently in civil law countries. As defined by the Berne Convention for the Protection of Literary and Artistic Works, an...

nondisclosure agreement

A non-disclosure agreement (NDA) is an agreement in contract law that certain information will remain confidential. As such, an NDA binds a person who has signed it and prevents them from discussing any information included in the contract with any non...

Nonobvious

See nonobviousness.

Nonobviousness

Loosely, something that is not readily apparent. Nonobviousness is one of the requirements for obtaining a patent. A supposed invention is usually obvious if someone of ordinary skill in a relevant field could easily make the invention based on prior...

Novel

Loosely, something that is new. Novelty is one of the requirements for obtaining a patent. A supposed invention may fail the novelty test for many different reasons. For instance, nothing can be novel if it was known or used by others in the U.S....

Novelty

See Novel.

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