Greenberg & Lieberman
Intellectual Property and Litigation

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Tradenark Glossary Terms - helpful related terms

Fair Use

Definition:
A defense to a charge of copyright or trademark infringement.

Trade Secret

Definition:
A trade secret includes proprietary knowledge and other confidential information that companies keep secret to give them an advantage over their competitors.

Madrid Protocol

Definition:
Is an international treaty that allows a trademark owner to seek registration in any of the countries that have joined the Madrid Protocol by filing a single application, called an international application.

Assignment

Definition:
A transfer of ownership of a trademark application or trademark registration from one entity to another.

Fair Use

Definition:
A defense to a charge of copyright or trademark infringement.


Misappropriation

Definition:
A common law form of unfair competition in which an individual or firm copies or appropriates some creation of another that is not protected by patent, copyright, or trademark law, or any other traditional theory of exclusive rights. 

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Daily Terms

Contributory Infringement

Definition:
Indirect infringement of intellectual property rights in which one person contributes to the direct act of infringement of another.

Opposition Proceeding

Definition:
A proceeding before the Trademark Trial and Appeal Board in which the plaintiff seeks to prevent the issuance of a registration of a mark.

Dilution

Definition:
A type of infringement of a trademark in which the defendant's use, while not causing likelihood of confusion, tarnishes the image or blurs the distinctiveness of the owner's mark.

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