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Legal Definitions - commencement of infringement

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Definition of commencement of infringement

Commencement of infringement refers to the first act of violating a copyright, patent, or trademark owner's exclusive rights. It can be the first of many separate violations, such as the first sale of infringing items.

  • A company starts selling a product that infringes on a patent. This is the commencement of infringement.
  • A person begins using a trademark that is confusingly similar to another company's mark, causing confusion among consumers. This is the commencement of infringement.

These examples illustrate how the first act of infringement can lead to a series of violations that can harm the intellectual property owner's rights.

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Simple Definition

Commencement of infringement is the first time someone does something that breaks the rules of copyright, patent, or trademark ownership. For example, if someone starts selling items that infringe on someone else's copyright, that is the commencement of infringement. Infringement is when someone interferes with the exclusive rights of the owner of intellectual property, like copying or distributing their work without permission. There are different types of infringement, like direct infringement when someone copies or displays a copyrighted work without permission, or contributory infringement when someone helps someone else infringe on intellectual property. Willful infringement is when someone intentionally breaks the rules, while innocent infringement is when someone does it without knowing it's wrong.

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It is better to risk saving a guilty man than to condemn an innocent one.

✨ Enjoy an ad-free experience with LSD+