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Simple English definitions for legal terms

extra-elements test

Read a random definition: ordinarily prudent person

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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19:42
it was hard to not improve it. google search was terrible due to the ads and seo cheaters with buzz words and alt text
Dkk
19:42
SEO is big money
2016 pushed the conservative party into populism irreversibly
Dkk
19:43
Maybe, but if this is populism, then every election is populist.
19:43
@Dkk: yeah register 1 website and every swinging tom dick and harry calls/emails/texts to 'help with seo'. like bruh, if YOU found it, what i am doing is working
Dkk
19:43
Indeed!
19:48
wasp, i think people are hopeful for a gov who at least attempts to care about the common man
MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
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