Glossary Terms Related To Copyright Violation & Copyright Topics

Cybersquatting

Definition:
The practice of registering a well-known domain name (e.g. mcdonalds.com) in hopes of either selling it at a big profit to the trademark owner, or to help sell one's own goods to people confused by the similarity between the cybersquatter's web address and the trademark company's name.

Deceased Inventor

Definition:
A named inventor who has died prior to the filing of a patent application or during the prosecution of a patent application.

Cancellation Proceeding

Definition:
A proceeding before the Trademark Trial and Appeal Board in which the plaintiff seeks to cancel an existing registration of a mark. The proceeding may only be filed after issuance of a registration. A petition for cancellation may be filed by any person who believes that he or she is or will be damaged by the registration of the mark.

Idea-Expression Dichotomy

Definition:
The fundamental rule of law that copyright does not protect an idea; copyright protects only specific expressions of an idea.

Passing Off

Definition:
The substitution of one brand of goods when another brand is ordered. (2) Trademark infringement where the infringer intentionally meant to mislead or deceive purchasers. (3) Trademark infringement where there is no proof of intent to deceive but likelihood of confusion is proven.

Likelihood Of Confusion

Definition:
A statutory basis (Trademark Act Section 2(d), 15 U.S.C. Section 1052(d), TMEP §1207 et seq.) for refusing registration of a trademark or service mark because it is likely to conflict with a mark or marks already registered or pendingbefore the USPTO.



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