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ALTERNATIVE DISPUTE RESOLUTION (ADR)
Generally refers to a means of resolving conflicts between parties other than litigation, including mediation, arbitration, mini-trial, summary jury trial, and early neutral evaluation.
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AMERICAN SOCIETY OF COMPOSERS, AUTHORS, AND PUBLISHERS (ASCAP)
A performing rights group that has a nonexclusive right to license non-dramatic public performances of the copyrighted musical works of its members.
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ANONYMOUS WORK
A work that does not include an identified author.
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ASSIGNMENT
Represents the sale or transfer of an intellectual property right.
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ASSIGNOR
One who conveys the right for sale or transfer.
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BERNE CONVENTION
A multilateral copyright treaty in which the U.S. became a member in 1989. The treaty confers at least a minimum level of copyright protection in each member nation.
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BLOCKING PATENT
A patent in which the scope of the patent overlaps in coverage with another patent or technology, and cannot be practiced without a license under the patent.
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BOOTLEG
An unauthorized recording of a live performance.
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BRAND NAME
A colloquial term referring to an advertising image, corporate identifier, or trademark.
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BROADCAST MUSIC, INC. (BMI)
A performing rights group owned by members of the broadcasting industry and affiliated with authors, composers, and music publishing companies, which group grants licenses for the rights to non-dramatic public performances of the copyrighted musical works of its members.
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CERTIFICATION MARK
A mark used to verify that a particular good or service meets the standard of a particular region, organization, union labor, regulatory, or other standard body.
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CLAIM
The part of a patent that sets or defines the technical boundary within which the patent owner has the legal right to exclude others from making, using, or selling.
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COLLECTIVE MARK
A mark used by members of an organization to identify and distinguish the goods and services as originating from the organization.
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COLLECTIVE WORK
A work resulting from a compilation of preexisting works and that results from at least some originality and creativity.
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COMMUNITY TRADEMARK (A.K.A. EUROPEAN TRADEMARK)
A trademark granted by the European Community Trademark Office.
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COMPOSITE MARK
A mark composed of more than one distinct element (e.g., two words or a word and design).
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CONTRIBUTORY INFRINGEMENT
Indirect infringement of an intellectual property right in which a party helps or otherwise aids a third party to directly infringe an intellectual property right.
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COPYRIGHT
A right owned by an author of a work that prevents others from copying, making derivative works of, performing, distributing, or selling copies or counterfeits of original works of authorship, such as music, lyrics, books, plays, poems, paintings, sculptures, photographs, architectural designs, and software.
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COPYRIGHT HOLDER
One who owns the rights of an author of a work under copyright law.
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COPYRIGHT OFFICE (A.K.A. U.S. COPYRIGHT OFFICE)
An office of public record for copyright registration and deposit of copyright material in the United States.
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DEPENDENT CLAIM
A patent claim that refers back to a previous claim and is generally narrower in scope than the previous claim.
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DERIVATIVE WORK
A work that is based on a preexisting work but is changed in some way. The original author has the exclusive right to make derivative works.
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DESCRIPTIVE MARK
A mark that describes the goods and services with which it is used or associated.
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DESIGN PATENT
A patent that seeks to protect the way an article looks as opposed to its functionality (i.e., the non-functional, ornamental features of an article).
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DILUTION
Infringement of a mark that tarnishes the image or blurs the distinctiveness of the mark.
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DISTINCTIVE MARK
A mark that generally includes fanciful or arbitrary, suggestive, or coined terms.
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DUE DILIGENCE
An intellectual property investigation in which an analysis of legal rights are examined (e.g., verification of the ownership, evaluation of the scope of property, and assessment of business risks).
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EUROPEAN TRADEMARK (A.K.A. COMMUNITY TRADEMARK)
A trademark granted by the European Community Trademark Office.
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FAIR USE
A defense to copyright or trademark infringement.
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FAMOUS MARK
A mark that is well-known and may be protected from registration or infringement based on this status.
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FANCIFUL MARK
A mark that is inherently distinctive.
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FIRST TO FILE
A rule in which priority is determined by the “first to file” a patent application. This rule is followed by most countries except the U.S.
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FIRST TO INVENT
A rule in which priority is determined by the “first to invent” the claimed subject matter in a patent application. This rule is followed by the U.S. patent system.
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GRAY MARKET GOODS
A foreign manufactured good bearing a valid U.S. mark but imported without the consent of the trademark holder.
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IDEA
A theory or concept generally not protectable under patent laws.
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INDEPENDENT CLAIM
A patent claim that does not refer back to a previous claim and is generally broader in scope than a claim depending from it.
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INDEPENDENT CONTRACTOR (IC)
A person hired to perform a particular task. When an IC creates a work, the copyright in that work generally belongs to the IC, not the person who hired the IC.
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INFRINGEMENT
An invasion of an intellectual property holder’s right.
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INTELLECTUAL PROPERTY (IP)
Generally includes all creations of the mind including inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.
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INTELLECTUAL PROPERTY (IP) LAWS
Generally includes patent, trademark, copyright, trade secret, unfair competition, and right of publicity laws.
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INTENT-TO-USE (ITU) APPLICATION
A trademark application used to protect a mark wherein the owner has good faith intention to use the mark, but is not currently using the mark in commerce.
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INVENTION
Generally includes a technical idea that is devised or discovered and satisfies the standards of patentability.
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JOINT AUTHORS
Two or more collaborators or creators of a copyrightable work.
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KNOCK-OFF
Refers to an identical copy of a product protected by patent, trademark, trade dress, or copyright.
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KNOW-HOW
Refers to any information that enables one to accomplish a task.
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LANHAM ACT
A federal law in the U.S. that governs the registration of trademarks, prohibits infringement of marks, and prohibits false advertising and unfair competition.
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LICENSE
The limited permission to use or exploit an intellectual property right of another.
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LICENSEE
One who receives rights under a license.
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LICENSOR
One who grants rights under a license.
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LITERAL INFRINGEMENT
Refers to an invasion of each and every element of a patent claim.
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MADRID PROTOCOL
A multi-nation trademark agreement permitting an international registration based upon a home country registration.
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MARK
A short-hand term generally referring to a trademark, service mark, trade name, common law mark, collective mark, or certification mark. A mark could include any word, slogan, design, picture, or other symbol used to identify goods or services.
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PALMING OFF/PASSING OFF
Occurs when one brand of goods is substituted for another.
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PATENT
Grants the owner the exclusive right to make, use, and sell inventions, including new and useful processes, machines, certain designs, and certain varieties of plants, for a period of 20 years (excluding design patents which confer protection for 14 years).
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PATENT PENDING
A phrase used to confirm that a patent application allegedly covering the marked product is pending before the U.S. Patent and Trademark Office.
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PATENTEE
The owner of a patent or one for whom a grant is made or a privilege secured by patent
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PLANT PATENT
Grants the owner the exclusive right to make, use, and sell certain varieties of plants, for a period of generally 20 years.
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PROVISIONAL PATENT APPLICATION
A patent application generally used to establish priority rights in an invention. The application is not substantively examined by the U.S. Patent and Trademark Office and expires a year from the filing date.
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PUBLIC DOMAIN
A status of a creative work, invention, or mark that is not protected by intellectual property laws and may be copied or used by anyone.
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SERVICE MARK
A mark used to prevent others in the marketplace from using a confusingly similar name, symbol, or device to indicate the source of its services.
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SHOP RIGHT
Grants an employer a royalty-free right to use employee inventions.
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SUGGESTIVE MARK
A mark that does not directly describe the goods or services with which it is associated, but suggests something about those goods and services.
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TRADE DRESS
The look and feel of a product, packaging, or service.
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TRADE NAME
A mark used to identify and distinguish a business, company, or partnership.
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TRADE SECRETS
Intellectual property that protects competitively valuable information and could include, for example, formulas, patterns, devices, and compilations of information.
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TRADEMARK
A mark used to prevent others in the marketplace from using a confusingly similar name, symbol, or device to indicate the source of its goods.
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UNFAIR COMPETITION
Conduct that harms the overall competitive process.
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UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO OR PTO)
An office of public record for patent and trademark registration in the United States.
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UTILITY PATENT
Grants the owner the exclusive right to make, use, and sell inventions, including new and useful processes and machines, for a period of 20 years.
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WORK MADE FOR HIRE
Generally, any work prepared by an employee within the scope of his or her employment.
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WORLD INTELLECTUAL PROPERTY ORGANIZATION (WIPO)
A specialized agency of the United Nations dedicated to developing a balanced and accessible international intellectual property system. (www.wipo.org)
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