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LSDefine

Simple English definitions for legal terms

contributory infringement

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A quick definition of contributory infringement:

Contributory infringement is when someone is held responsible for infringing on a patent, copyright, or trademark, even if they didn't directly do it themselves. For patents, this means selling or importing a component that is specifically made for infringing on the patent. For copyrights, it means knowingly helping someone else infringe on the copyright. For trademarks, it means intentionally encouraging or continuing to supply a product to someone who is infringing on the trademark. The person being accused of contributory infringement must have known about the infringement and the product must not have any other non-infringing use.

A more thorough explanation:

Contributory infringement is a type of secondary liability for direct infringement of a patent, copyright, or trademark. It means that a person can be held responsible for infringement even if they did not directly engage in infringing activities.

For patents, contributory infringement is defined by 35 U.S.C. § 271(c). It states that a person who sells or imports a component of a patented invention, knowing that it is made or adapted for use in infringing the patent, can be held liable as a contributory infringer. However, the alleged infringing article or commodity must be unsuitable for any commercial non-infringing use.

For example, if a company sells a part that is specifically designed to be used in an infringing way, they can be held liable for contributory infringement. However, if the part has other lawful uses, they cannot be held liable.

Unlike patents, the Copyright Act does not explicitly impose liability for contributory infringement. However, the U.S. Supreme Court has ruled that a person who knowingly induces, causes, or materially contributes to copyright infringement by another can be held liable as a contributory infringer if they had knowledge or reason to know of the infringement.

For example, if a website provides a platform for users to share copyrighted material illegally, and the website owners know about it but do nothing to stop it, they can be held liable for contributory infringement.

Similarly to copyright, the Lanham Act does not expressly impose liability for contributory infringement. However, the U.S. Supreme Court has recognized that liability for trademark infringement can extend beyond those who actually mislabel goods with the mark of another.

For example, if a company knowingly supplies its product to someone who is engaging in trademark infringement, they can be held liable for contributory infringement.

Overall, contributory infringement is a way to hold people accountable for indirect involvement in infringing activities. It requires knowledge or reason to know of the infringement and that the alleged infringing article or commodity is unsuitable for any commercial non-infringing use.

contribution | contributory negligence

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windyMagician
11:09
shaq hows ur love life going? any updates?
shaquilleoatmeal
11:14
damn couldnt even get to Christmas dinner before this question lmao im not looking for anything serious rn so no updates lol
11:14
i made out with my ex in a stairwell the other day if you care. my only update
shaquilleoatmeal
11:14
oof
shaquilleoatmeal
11:14
twitter ex or a different ex
11:15
different ex
windyMagician
11:15
since its not Twitter dude I'll forgive it
shaquilleoatmeal
11:17
at least you did that before the new year, cant carry that baggage in 25
11:17
I think he thinks if I move to nyc we’re going to get back together
11:17
that’s not my plan tbh
jackfrost11770
11:18
this is so funny
shaquilleoatmeal
11:19
lmao damn wish id be classmates with this dude
shaquilleoatmeal
11:20
@cheriebomb: you never know what the future holds
jackfrost11770
11:20
also cherie fallen soldier
jackfrost11770
11:20
i got home at 8 am from the club and my neighbor was leaving to go biking. truly living in different worlds
11:20
i don’t fw him that heavy tbh
11:21
i get along better with his friends than i do with him
windyMagician
11:21
nah the hiking in Nike blazers deserves jail time
11:21
he was already vomiting and shitting in a hole I think he did his penance
windyMagician
11:26
call that restorative justice
11:35
they put a place in the UK second. I don’t trust their methodology
shaquilleoatmeal
11:35
im laughin cause it definitely isnt but the fact that some people this it is is comical
shaquilleoatmeal
11:35
tink*
shaquilleoatmeal
11:35
think jee
shaquilleoatmeal
11:35
jeez - im over it
11:37
imagine saying you want to go to boston for christmas 💀
shaquilleoatmeal
11:40
imagine you not wanting to go what lmao
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