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Legal Definitions - direct infringement

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Definition of direct infringement

Direct infringement refers to the unauthorized use of a patent, copyright, or trademark. It occurs when someone exercises one of the exclusive rights granted to the owner of the intellectual property without permission.

  • Patent Law: Direct infringement in patent law happens when someone makes, uses, offers to sell, or sells a patented invention without permission. For instance, if someone creates a product that is covered by a patent and sells it without the patent owner's permission, they are committing direct infringement.
  • Copyright Law: Direct infringement in copyright law occurs when someone reproduces, distributes, displays, or performs a copyrighted work without permission. For example, if someone copies a song and distributes it without the copyright owner's permission, they are committing direct infringement.
  • Trademark Law: Direct infringement in trademark law happens when someone uses a registered or unregistered mark without permission. If someone uses a registered mark on goods or services that are likely to cause confusion with another company's products, they are committing direct infringement. Similarly, if someone uses an unregistered mark that is likely to cause confusion with another company's products, they are also committing direct infringement.

These examples illustrate how direct infringement occurs when someone uses intellectual property without permission. It is important to obtain permission or a license before using someone else's intellectual property to avoid committing direct infringement.

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Simple Definition

Direct infringement is when someone uses something that belongs to someone else without permission. This can happen with things like inventions, songs, or logos. For example, if someone makes and sells a product that someone else has a patent for, that is direct infringement. Or if someone copies a song and shares it without permission, that is also direct infringement. It's against the law and can lead to serious consequences.

If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.

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