Infringement - Law Dictionary Search Results
Home Dictionary Name: infringementinfringement
infringement : the act or an instance of infringing ;esp : the unauthorized use of copyrighted or patented material or of a trademark, trade name, or trade dress see also equivalent, fair use NOTE: Infringement of a trademark, trade name, or trade dress involves use of one by the infringer that is the same as that of the owner or so similar that it is likely to deceive or to cause confusion or mistake on the part of the average purchaser. Infringement of a copyright involves the copying of a material and substantial portion of the protected work. If the alleged infringer denies copying, the copyright holder may be able to prove infringement with circumstantial evidence of the infringer's access to the protected work and of similarities between the two works. ...
infringe
infringe in·fringed in·fring·ing [Medieval Latin infringere, from Latin, to break, crush, from in- in + frangere to break] vt : to encroach upon in a way that violates law or the rights of another [the right of the people to keep and bear arms, shall not be infringed "U.S. Constitution amend. II"] ;esp : to violate a holder's rights under (a copyright, patent, trademark, or trade name) vi : encroach in·fring·er n ...
Infringement
The act of infringing breach violation nonfulfillment as the infringement of a treaty compact law or constitution...
Infringing copy
Infringing copy, 'infringing copy' means,--(i) in relation to a literary, dramatic, musical or artistic work, a reproduction thereof otherwise than in the form of a cinematographic film;(ii) in relation to a cinematographic film, a copy of the film made on any medium by any means;(iii) in relation to a sound recording, any other recording embodying the same sound recording, made by any means;(iv) in relation to a programme or performance in which such a broadcast reproduction right or a performer's right subsists under the provisions of this Act, the sound recording or a cinematographic film of such programme or performance,if such reproduction, copy or sound recording is made or imported in contravention of the provisions of this Act. [Copy right Act, 1957 (14 of 1957), s. 2(m)]...
Infringe
To break to violate to transgress to neglect to fulfill or obey as to infringe a law right or contract...
Infringer
One who infringes or violates a violator...
Infringement
Infringement [fr. infringo, Lat., to break], breach of violation, applied to the breach of a law or violation of a right, as of copyright or patent right....
Passing off
Passing off, in action for passing off pray of actual deception is not necessary two marks bear an ovrall similarity as would be likely to mislead a person usually dealing with one to accept the other if offered to him, it is enough, National Match Works v. S.T. Karuppanna Nadar, AIR 1979 Mad 157.An infringement action is available where there is violation of specific property right acquired under and recognised by the statute. In a passing-off action, however, the plaintiff's right is independent of such a statutory right to a trade mark and is against the conduct of the defendant which leads to or is intended or calculated to lead to deception. Passing-off is said to be a species of unfair trade competition or of actionable unfair trading by which one person, through deception, attempts to obtain an economic benefit of the reputation which another has established for himself in a particular trade or business. The action is regarded as an action for deceit. The tort of passing-off inv...
Trade marks
Trade marks. by the Trade Marks Act, 1905 (English) (5 Edw. 7, c. 15), s. 3:-A 'mark' shall include a device, brand, heading, label, ticket, name, signature, word, letter, numeral or any combination thereof.A 'trade mark' shall mean a mark used or proposed to be used upon or in connexion with goods for the purpose of indicating that they are the goods of the proprietor of such trademark by virtue of manufacture, selection, certification, dealing with, or offering for sale.A 'registrable trademark' shall mean a trade mark which is capable of registration under the pro-visions of this Act.Subject to the Trade Mark Acts, the owner of a trademark has a right to its use in connection with the goods associated with it, whether or not it is registered or registrable by him, and if that right is infringed by a sale of other goods under his mark, or a colourable imitation or otherwise so as to be calculated to deceive a purchaser that those goods are goods of his manufacture, sale or mark, the ...
Breach
Breach, means 'infringement or violation of a promise or obligation, Skandia Insurance Co. Ltd. v. Kokila Ben Chandravardan, (1987) 2 SCC 654: AIR 1987 SC 1184: (1987) 2 SCR 752. [Motor Vehicles Act, 1939, s. 96(2)(b)]The expression 'breach' occurring in s. 96(2)(b) means infringement or violation of a promise or obligation. As such the insurance company will have to establish that the insured was guilty of an infringement or violation of a promise. The insurer has also to satisfy the Tribunal or the Court that such violation or infringement on the part of the insured was wilful, Sohan Lal Passi v. P. Sesh Reddy, (1996) 5 SCC 21: AIR 1996 SC 2627. [Motor Vehicles Act, 1939, s. 96 (2) (b)]Means a violation in performance of or a failure to perform the obligation created by a promise, duty, or law without excuse or jurisdiction, Webster's Dictionary of Law, Indian Edn. (2005), p. 58....
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial