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Simple English definitions for legal terms

extra-elements test

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A quick definition of extra-elements test:

Extra-Elements Test: A way for judges to decide if a state law claim about intellectual property is allowed or not. If the claim needs something extra that is not part of the federal law, then it is okay to go forward with the state claim. This is called the Extra-Elements Test and it helps make sure that state laws don't interfere with federal laws about intellectual property.

A more thorough explanation:

The extra-elements test is a legal test used to determine whether a state-law claim is preempted by federal intellectual-property statutes under the Sears-Compco doctrine. This test is used to determine whether a state law claim is different enough from a federal infringement claim to be allowed to proceed.

For example, if someone sues for copyright infringement under state law, the extra-elements test would be used to determine whether the state law claim is different enough from a federal copyright infringement claim to be allowed to proceed. If the state law claim requires proof of an extra element that makes the action qualitatively different from an infringement action based on federal law, the state action is not preempted.

Another example would be if someone sues for trademark infringement under state law. The extra-elements test would be used to determine whether the state law claim is different enough from a federal trademark infringement claim to be allowed to proceed. If the state law claim requires proof of an extra element that makes the action qualitatively different from an infringement action based on federal law, the state action is not preempted.

extradotal property | extra familiam

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what if you have a dry mouth
so sad
JumpySubsequentDolphin
17:56
so true waspy
windyMagician
17:56
that's why they invented flavored lube
looking into this
babycat
17:57
I don’t really do hand jobs. I just feel like if you want a hand on your dick you can do that yourself, you don’t need me for that
windyMagician
17:57
that part
JumpySubsequentDolphin
17:57
but things feel better when others do them
snow
17:57
its different
snow
17:58
^
JumpySubsequentDolphin
17:58
like i can give myself a massage but it’s nicer when someone else does it for me
WorthlessAttractiveZombie
17:58
so trye
WorthlessAttractiveZombie
17:58
true
what the hell have i walked into 😭
WorthlessAttractiveZombie
18:00
we're talking about the jobs we want after we get into law school
oh yeah, sure!
babycat
18:03
Yeah but do you prefer a hand job to oral? I feel like I’ve never met anyone who likes that better. I guess the perk is that it’s less messy?
BulbasaurNoLikeCardio
18:04
Did the TAMU interview, my dog that is like a husky decided to stick his snoot under the door crack deepy snort/inhale then YYEEELLLLL during my last answer so yeah hopefully they love dogs.
BulbasaurNoLikeCardio
18:04
not sure what conversation is being had but blowie beat a handjob, i can just give myself a handie
babycat
18:06
@BulbasaurNoLikeCardio: this is exactly what I’m saying! you get it
18:06
hello
JumpySubsequentDolphin
18:06
hi Eggan
18:06
after a long day at work i come home to no decisions
18:07
daily "berk td" imminent
18:07
berk today :eyes:
BulbasaurNoLikeCardio
18:07
and if we are being real, I give myself a much better handie then any girl ever has
JumpySubsequentDolphin
18:07
😧
BulbasaurNoLikeCardio
18:08
@Eggan: no decision beats an R
babycat
18:09
@BulbasaurNoLikeCardio: you have more practice
windyMagician
18:10
how is a blowjob less messy than a handjob? you can swallow it
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