What qualifies as infringement?

An infraction is a violation, a breach, or an unauthorized act. Damage to a right is a violation. Infringement refers to the unauthorized use of a person's legal rights, often related to intellectual property. It is important for companies and individuals to protect their intellectual property and address any infringement to maintain control over their creations and assets.

Trademark infringement is defined as the unauthorized use of a trademark or service mark. This use may be related to products or services and may lead to confusion, deception or misunderstanding about the company from which the product or service comes. Trademark owners can take legal action if they believe their marks are being infringed. If a trademark infringement is proven, a court order may prevent the defendant from using the trademark, and the owner may receive monetary compensation. The fact that a service provider qualifies for the limitation of liability in any of these subsections will be based solely on the criteria in that subsection and will not affect the determination of whether that service provider is eligible for limitations of liability under any other similar subsection.

When a work meets the requirements to be considered a commissioned work, the author is considered to be the employer or the party that commissions it. The law is complex and changes frequently, so you should always seek out a qualified and licensed attorney for legal advice.

Dawn Launiere
Dawn Launiere

Amateur beer evangelist. Professional bacon aficionado. Total social media maven. Typical travel fan. Social media junkie.