Fair use is a type of affirmative defense in copyright law. Regulated under 17 USC §107, the congress list four factors in deciding if a use of the original work is a fair use. The four factors are: 1) the character and purpose of the use; 2) the...
patent law
fixed in a tangible medium of expression
“Fixed in a tangible medium of expression” is one of the requirements for receiving copyright protection for a work under the Copyright Act in 17 U.S.C. § 102(a). In order to apply for copyright protection, a work must fulfill all the...
functionality doctrine (trademark)
The functionality doctrine is a rule in trademark law which states that functional product features cannot serve as a trademark. A product feature is considered functional if it is essential to the use or purpose of the product or if it...
incorporeal
Incorporeal is something intangible; that has no physical existence, such as a right.
In reference to law, “incorporeal” is used primarily in the context of property. Louisiana has a statute that defines corporeal and...
incorporeal ownership
Incorporeal ownership is the ownership of a right. It is ownership which is intangible in nature. In other words, it is not ownership of a thing, but ownership in a right related to something. For example, if you own a piece of land, that is...
indirect infringement
A third party may be found liable for direct infringement of a patent, copyright or trademark committed by another under a theory of secondary liability if the third party actively induced, encouraged or materially contributed to the infringing...
inducement of infringement
Any person who actively induces infringement of a patent is liable as an infringer (see 35 U.S.C. § 271(b). Inducement of infringement refers to a situation where a person encourages or facilitates another person to directly infringe on a...
infringement
Overview:
An infringement is a violation, a breach, or an unauthorized act. Infringement occurs in various situations. A harm to one’s right is an infringement. A violation of a statute is also an infringement. In a commercial contract, an...
infringement (of utility patent)
A utility patent is one of the three types of patents that can be applied in the USPTO (the United States Patent and Trademark Office). It is the most common type of patent. A utility patent can be a useful process, a machine, an article of manufacture...
instance and expense test
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...