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Simple English definitions for legal terms
comprehensive nonliteral similarity
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A quick definition of comprehensive nonliteral similarity:
Comprehensive nonliteral similarity is when something looks or sounds similar to something else, but not exactly the same. This can happen with trademarks or copyrighted works. It's important to consider how much care a typical buyer would take when choosing between the two things. If the similarity is too close, it could be considered infringement. In copyright, this can happen when someone copies the general idea or structure of a work without using the exact words or phrases. Substantial similarity is when there is a strong resemblance between a copyrighted work and an alleged infringement, which could mean that unauthorized copying has occurred.
A more thorough explanation:
Definition: Comprehensive nonliteral similarity refers to the resemblance of one trademark or copyrighted work to another without using the exact words or phrases of the original work. It can be seen in the general ideas or structure of a work, such as a movie's plot.
Examples:
- A movie that has a similar plot to another movie, but with different characters and dialogue, may be considered to have comprehensive nonliteral similarity.
- A logo that is similar in design and color scheme to another company's logo, but with different wording, may also be considered to have comprehensive nonliteral similarity.
These examples illustrate how comprehensive nonliteral similarity can occur without using exact words or phrases from the original work. Instead, it is based on the overall impression and resemblance of the work as a whole.