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the type of mark allegedly infringed; [9] the similarity between the two marks; [10] the similarity of the products or services; [10] the identity of the retail outlets and purchasers; [10] the identity of the advertising media used; [10] the defendant's intent; [10] and; any evidence of actual confusion [10] 6th Circuit Frisch's Restaurants v.
A "derivative work" is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted.
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First, the work must fit into one of these categories: a contribution to a collective work, part of a motion picture or other audiovisual work, a translation, a supplementary work, a compilation, an instructional text, a test, answer material for a test, or an atlas.
[22] [23] Kulatunga later admitted that he had infringed the copyright of the Malalasekera English–Sinhala dictionary in creating his software, but he said in 2015 that he no longer infringed on copyrights. [24] [25] In 2017 he developed and added Sinhala keyboard input method to his Google Play android app. [26] [27]
Thesaurus Linguae Latinae. A modern english thesaurus. A thesaurus (pl.: thesauri or thesauruses), sometimes called a synonym dictionary or dictionary of synonyms, is a reference work which arranges words by their meanings (or in simpler terms, a book where one can find different words with similar meanings to other words), [1] [2] sometimes as a hierarchy of broader and narrower terms ...
The case of Egyptian Goddess Inc. v Swisa Inc. was key in adopting the ordinary observer test. The Court found that for a design to be infringed, the accused design must have appropriated the registered design. [18] The infringement lies within the similarity between the designs what is distinguished from the prior art base.