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Trademark infringement is a violation of the exclusive rights attaching to a registered trademark without the authorisation of the trademark owner or any licensees (provided that such authorization was within the scope of the license). Infringement may occur when one party, the "infringer", uses a trademark which is identical or confusingly similar to a registered trademark owned by another party, in relation to products or services which are identical or similar to the products or services which the registration covers. An owner of a registered trademark may commence legal proceedings against a party which infringes its registration. Image File history File links Scale_of_justice. ...
In law, intellectual property (IP) is an umbrella term for various legal entitlements which attach to certain types of information, ideas, or other intangibles in their expressed form. ...
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The fair use doctrine in the United States is based on free speech rights provided by the First Amendment to the United States Constitution. ...
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In intellectual property law, the idea-expression divide is the principle which states that the function of the law is to protect the fixed expression or manifestation of an idea, rather than the fundamental concept or information which gives rise to the idea. ...
A patent is a set of exclusive rights granted by a state to a person for a fixed period of time in exchange for the regulated, public disclosure of certain details of a device, method, process or composition of matter (substance) (known as an invention) which is new, inventive, and...
The history of patents and patent laws is generally considered to have started in Italy with a Venetian Statute of 1474. ...
Within the context of a national or multilateral body of law, an invention is patentable or, in other words, it satisfies the patentability requirements if it meets the legal conditions to be granted a patent. ...
Sufficiency of disclosure refers to the legal requirement that the description of an invention in a patent contain specific information about the invention. ...
In law, a patent infringement occurs when the subject-matter claimed in a patent has been utilized by someone other than the rightholder, without the owners approval or in disagreement with the terms of use given by the owner. ...
A trademark or trade mark[1] is a distinctive sign of some kind which is used by a business to uniquely identify itself and its products and services to consumers, and to distinguish the business and its products or services from those of other businesses. ...
Passing off is a common law tort which can be used to enforce unregistered trademark rights. ...
Dilution is a trademark law concept forbidding the use of a famous trademark in a way that would lessen its uniqueness. ...
A geographical indication (sometimes abbreviated to GI) is a name or sign used on certain products or which corresponds to a specific geographical location or origin (eg. ...
Industrial design rights are intellectual property rights that protect the visual design of objects that are not purely utilitarian. ...
A trade secret is a formula, practice, process, design, instrument, pattern, or compilation of information used by a business to obtain an advantage over competitors within the same industry or profession. ...
Pronunciation SOO-eye jen-ER-ihs Sui generis is a (post) Latin expression, literally meaning of its own kind/genus or unique in its characteristics. ...
Database rights are a form of exclusive right introduced by European Union Law to those countries which follow EU Law in 1997. ...
A mask work is a two or three-dimensional layout of an integrated circuit (IC), i. ...
Plant breeders rights, also known as plant variety rights (PVR), are intellectual property rights granted to the breeder of a new variety of plant. ...
In European Union member countries, a supplementary protection certificate (SPC) is a sui generis, patent-like, intellectual property right. ...
Traditional knowledge (TK), indigenous knowledge (IK), and local knowledge generally refer to the matured long-standing traditions and practices of certain regional, indigenous, or local communities. ...
Moral rights are rights of creators of copyrighted works generally recognized in civil law jurisdictions and first recognized in France and Germany, before they were included in the Berne Convention for the Protection of Literary and Artistic Works in 1928. ...
In law, an exclusive right is the power or right to perform an action in relation to an object or other thing which others cannnot perform. ...
A trademark or trade mark[1] is a distinctive sign of some kind which is used by a business to uniquely identify itself and its products and services to consumers, and to distinguish the business and its products or services from those of other businesses. ...
In trademark law, confusing similarity is a test used during the examination process to determine whether a trademark conflicts with another, earlier mark, and also used in trademark infringement proceedings to determine whether the use of a mark infringes a registered trade mark. ...
A lawsuit is a civil action brought before a court in which the party commencing the action, the plaintiff, seeks a legal remedy. ...
A trademark which is not registered cannot be "infringed" as such, and the trademark owner cannot bring infringement proceedings. Instead, the owner may be able to commence proceedings under the common law for passing off or misrepresentation, or under legislation which prohibits unfair business practices. In some jurisdictions, infringement of trade dress may also be actionable. Passing off is a common law tort which can be used to enforce unregistered trademark rights. ...
In contract law, a misrepresentation is a false statement of fact made by one party to another party and has the effect of inducing that party into the contract. ...
Unfair business practices encompass fraud, misrepresentation, and oppressive or unconscionable acts or practices by business, often against consumers and are prohibited by law in many countries. ...
Trade dress refers to features of the visual appearance of a product or its packaging (or even the facade of a building such as a restaurant) that may be registered and protected from being used by competitors in the manner of a trademark. ...
Where the respective marks or products or services are not identical, similarity will generally be assessed by reference to whether there is a likelihood of confusion that consumers will believe the products or services originated from the trademark owner. If the respective marks and products or services are entirely dissimilar, trademark infringement may still be established if the registered mark is well known pursuant to the Paris Convention. In the United States, a cause of action for use of a mark for such dissimilar services is called trademark dilution. The Paris Convention for the Protection of Industrial Property, signed in Paris, France, on March 20, 1883, is an important and one of the first intellectual property treaties. ...
Dilution is a trademark law concept forbidding the use of a famous trademark in a way that would lessen its uniqueness. ...
In some jurisdictions a party other than the owner (eg. a licensee) may be able to pursue trademark infringement proceedings against an infringer if the owner fails to do so.
The party accused of infringement may be able to defeat infringement proceedings if it can establish a valid exception or defence (eg. comparative advertising, laches) to infringement, or attack and cancel the underlying registration (eg. for non-use) upon which the proceedings are based. In law, laches is an equitable defense accusing an opposing party of having sat on his rights; as a result of this delay, the delaying party is undeserving of equitable relief. ...
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