Legal Terminology and Law Definition of Intellectual Property

copyright ownership
The sculpture in question is not a "work made for hire" within the meaning of §101. Reid was an independent contractor, rather than a § 101(1) "employee," since, although CCNV members directed enough of the work to ensure that the statue met their specifications, all other relevant circumstances weigh heavily against finding an employment relationship. … Full Definition »
Law topic: Copyright << Legal issue: Intellectual Property
disclosure and enablement
“[I]f the eighth claim of the patentee can be maintained, there was no necessity for any specification, further than to say that he had discovered that, by using the motive power of electro-magnetism, he could print intelligible characters at any distance… {T]his claim can derive no aid from the specification file. It is outside of [the specification], and … Full Definition »
Law topic: Patent Prosecution << Legal issue: Intellectual Property
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
infringement
“It is of course essential to any protection of literary property, whether at common-law or under the statute, that the right cannot be limited literally to the text, else a plagiarist would escape by immaterial variations. That has never been the law, but, as soon as literal appropriation ceases to be the test, the whole matter is necessarily at large, so … Full Definition »
Law topic: Copyright << Legal issue: Intellectual Property
licensing a patent
A patent licensee does not have to materially breach or terminate a license agreement in order to bring an action against the licensor challenging the patent covered by that agreement.Inc. v. Genentech, Inc., 549 U.S. 118 (2007). … Full Definition »
Law topic: Patent Prosecution << 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
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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 »
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Glannon Guide To Property: Learning Property Through Multiple-Choice Questions and Analysis (Glannon Guides)Glannon Guide To Property: Learning Property Through Multiple-Choice Questions and Analysis (Glannon Guides)
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