infringement

/infrinjmant/ A breaking into; a trespass or encroachment upon; a violation of a law, regulation, contract, or right. Used especially of invasions of the rights secured by patents, copyrights, and trademarks.

See also encroachment

- trespass.

@ contributory infringement

The intentional aiding of one person by another in the unlawful making or selling of a patented invention; usually done by making or selling one part of the patented invention, or one element of the combination, with the intent and purpose of so aiding.

+ contributory infringement

The intentional aiding of one person by another in the unlawful making, selling or using of a patented invention. Stamicarbon, N.V. v. McNally-Pittsburg Mfg. Corp., D.C.Kan., 302 F.Supp. 525, 531

@ criminal infringement

Any person who infringes a copyright willfully and for purposes of commercial advantage or private financial gain is subject to a fine and/or imprisonment. Copyright Act, No. 506 (17 U.S.C. A.)

@ infringement of copyright

Unauthorized use of copyrighted material; i.e. use without permission of copyright holder. In determining whether there is a copyright infringement, and not a "fair use" exemption, the factors to be considered include:

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work. Copyright Act, No. 107 (17 U.S.C.A.).

Remedies for copyright infringement include injunctive relief, impounding and disposition of infringing articles, and recovery of actual damages and profits. In lieu of actual damages, the federal Copyright Act provides for statutory damages which will vary as to whether the infringement was willful or unintentional. Copyright Act, No. 504 (17 U.S.C.A.).

See also fair use doctrine

- fragmented literal similarity

@ infringement of patent

The unauthorized making, using, or selling for practical use, or for profit, of an invention covered by a valid claim of a patent during the life of the patent. It may involve any one or all of the acts of making, using, and selling. Phillips Electronic & Pharmaceutical Industries Corp. v. Thermal & Electronics Industries, Inc., D.C.N.J., 311 F.Supp. 17, 39.

To constitute infringement of a patent claim there must be present in the infringing device or combination every element of such claim or its equivalent, so combined as to produce substantially the same result operating in substantially the same way. Montgomery Ward and Co. v. Clair, C.C.A.Mo., 123 F.2d 878, 881.

See 35 U.S.C.A. No. 100 et seq.

See also contributory infringement

@ infringement of trademark

The unauthorized use, or colorable imitation of the mark already appropriated by another, on goods of a similar class. Northam Warren Corporation v. Universal Cosmetic Co., C.C.A.I11., 18 F.2d 774, 775.

It exists if words or designs used by defendant are identical with or so similar to plaintiffs that they are likely to cause confusion, or deceive or mislead others. One who affixes the trademark of another to similar articles in such way that his use of it is liable to cause confusion in the trade, or is calculated to mislead purchasers and induce them to buy infringer's articles as goods of the other thus depriving the latter of the full benefit of his property. James Heddon's Sons v. Millsite Steel & Wire Works, C.C.A.Mich., 128 F.2d 6, 8.

See 15 U.S.C.A. No. 1051 et seq.

See also likelihood of confusion

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