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....
intellectual property
Lanham Act
The Lanham Act, 15 U.S.C. §§ 1051 et seq., was enacted by Congress in 1946. The Act provides for a national system of trademark registration and protects the owner of a federally registered mark against the use of similar marks if such use is...
Lapp test
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...
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 referred to as a permit...
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
Literary works are defined under 17 U.S.C. §101 as “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,...
mark
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. § 1127 for explanations of the different...
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...
National treatment
National treatment is a legal concept requiring that foreign citizens be treated just as favorably by a country’s laws as the host country’s own citizens.
National treatment is frequently found in intellectual property law...
non-disclosure agreement (NDA)
Overview
Non-disclosure agreements (NDAs) are agreements in contract law where parties agree that certain information will remain confidential. As such, an NDA binds a person who has signed it and prevents them from discussing any...