Copyright Infringement Legal Terms and Legal Words. Intellectual Property Terminology

distinctiveness of trademarks

“We disagree … that [distinction between suggestive and descriptive marks] is a distinction without a difference, although it is often a difficult distinction to draw and is, undoubtedly, often made on an intuitive basis rather than as the result of a logical analysis susceptible of articulation. This only emphasizes the need to give due respect to the … Full Definition »

Law topic: Copyright Infringement << Legal issue: Intellectual Property

fair use

“In our haste to disseminate news, it should not be forgotten that the Framers intended copyright itself to be the engine of free expression. By establishing a marketable right to the use of one's expression, copyright supplies the economic incentive to create and disseminate ideas. … Fair use was traditionally defined as "a privilege in others than the … Full Definition »

Law topic: Copyright Infringement << Legal issue: Intellectual Property

false advertisement

If a false advertisement clearly targets one particular competitor, that competitor can bring a false advertisement common law action even if the firm is not a sole source of goods/services in question. Electronics Corp. of America v. Honeywell, Inc., 428 F.2d 191 (1st Cir. 1970). … Full Definition »

Law topic: Copyright Infringement << Legal issue: Intellectual Property

impermissible deceptive marks

“[A mark is deceptive] when an essential and material element is misrepresented, is distinctly false, and is the very element upon which the customer relies in purchasing one product over another.” Gold Seal Co. v. Weeks, 129 F.Supp. 928 (D.D.C. 1955). … Full Definition »

Law topic: Copyright Infringement << Legal issue: Intellectual Property

licensing a trademark

When a trademark owner licenses a trademark to another party to use but fails to reserve for themselves a right to police and approve said use, this is called “naked licensing” and the mark may be deemed abandoned. Barcamerica International USA Trust v. Tyfield Importers, Inc., 289 F3d 589 (9th Cir. 2002). Licensing your intellectual property – be it … Full Definition »

Law topic: Copyright Infringement << Legal issue: Intellectual Property

licensing copyright

A copyright holder may be able to dedicate certain work to free public use and yet enforce an “open source” copyright license to control the future distribution and modification of that work. Jacobsen v. Katner, 535 F.3d 1373 (Fed. Cir. 2008). Generally, a copyright owner who grants a nonexclusive license to use his copyrighted material waives his right to … Full Definition »

Law topic: Copyright Infringement << Legal issue: Intellectual Property

misappropriation

For an idea to be protected from misappropriation, it needs to be concrete but does not need to be reduced to a completely detailed proposal. Hamilton Nat’l Bank v. Belt, 210 F.2d 706 (D.C. Cir. 1953). Only novel ideas are protected. Murray v. NBC, 844 F.2s 988 (2d Cir. 1988). Unauthorized use of likeness of celebrity’s voice is prohibited. Midler v. Ford … Full Definition »

Law topic: Copyright Infringement << Legal issue: Intellectual Property

trademark

n. a distinctive design, picture, emblem, logo or wording (or combination) affixed to goods for sale to identify the manufacturer as the source of the product. Words that merely name the maker (but without particular lettering) or a generic name for the product are not trademarks. Trademarks may be registered with the U.S. Patent Office to prove use and … Full Definition »

Law topic: Copyright Infringement << Legal issue: Intellectual Property