The instance-and-expense test is a legal standard commonly employed by courts to determine whether a product was a work made for hire. Work done by employees within the scope of their employment will generally be deemed made for hire. However, ownership rights between contractors and hiring parties may be less clear-cut.
Intangible property is a property without a physical existence. Examples of intangible property include patents, patent applications, trade names, trademarks, service marks, copyrights, trade secrets.
Intellectual property (I.P. or IP) is a type of property encompassing the products of original human thought. Common examples of intellectual property include: the contents of a book, designs of an invention, computer software, company logos, and music.
An intent-to-use (ITU) application is a type of trademark application filed with the United States Patent and Trademark Office (USPTO) that allows an applicant to seek federal registration of a trademark before the mark is actually used in commerce.
Know-how refers broadly to any non-public information that individuals or companies acquire regarding how to or more easily use something in a business. The term is extremely broad and its nature depends on the knowledge being discussed. Usually, know-how describes knowledge that increases the benefits or reduces the burdens of using something. This can describe the actual creation of a product or something more strategic like the management of a business.
The Lanham Act, 15 U.S.C. §§ 1051 et seq., was enacted by Congress in 1946.
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 based on a finding that the use of one trademark causes a likelihood of confusion with another previously established trademark.
In a trademark action, the court considers whether one’s use of the trademark creates a likelihood of confusion with an already existing trademark.
A mark is 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.
In legal usage, piracy can mean either:
