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Misdemeanor infringement has a very low threshold in terms of number of copies and the value of the infringed works. The ACTA trade agreement , signed in May 2011 by the United States, Japan, and the EU, requires that its parties add criminal penalties, including incarceration and fines, for copyright and trademark infringement, and obligated ...
Beyond these basics, US copyright law is complex, confusing, and inconsistent, with a variety of tests employed by courts to determine when copyright has been infringed, including by paraphrasing.
Patent infringement is an unauthorized act of - for example - making, using, offering for sale, selling, or importing for these purposes a patented product. Where the subject-matter of the patent is a process, infringement involves the act of using, offering for sale, selling or importing for these purposes at least the product obtained by the patented process. [1]
The defense of non-infringement is that at least one element of an asserted claim is not present in the accused product (or in the case of a method claim, that at least one step has not been performed). The defense of invalidity is a counter-attack on the patent itself., i.e., the validity of the patent or of the allegedly infringed claims.
Before that time, it was often difficult to decide whether a product infringed a patent, since the sole basis to know the extent of protection was the description, in view of the prior art. Interestingly, American inventors started using claims in their patent applications decades before the authorities (either judicial or legislative) started ...
The court further held that the kits were designed to perfectly replicate the exterior of Ferrari's vehicles, and there was a strong likelihood of post-sale customer confusion. The Sixth Circuit held that Roberts's kits infringed upon the distinctive trade dress of Ferrari's vehicles, and a permanent injunction against Roberts was affirmed.
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