Legal Definitions - infringer

An infringer is an individual or entity that violates the exclusive legal rights granted to the owner of intellectual property, such as a patent, copyright, or trademark. These exclusive rights typically include the ability to make, use, sell, or distribute the protected work or invention. When someone exercises these rights without proper authorization from the intellectual property owner, they are considered an infringer.

• Example 1 (Patent Infringement):

  A small manufacturing company begins producing and selling a specialized medical device that incorporates a unique sensor technology. This sensor technology is protected by a patent owned by a larger, established healthcare corporation. The small company did not seek or obtain a license from the patent holder before manufacturing their device.

  In this scenario, the small manufacturing company is an infringer because it is making and selling a product that utilizes a patented invention without the patent owner's permission. This action interferes with the patent owner's exclusive right to control the use and commercialization of their invention.

• Example 2 (Copyright Infringement):

  A blogger copies several chapters from a recently published novel and posts them verbatim on their personal website, encouraging their readers to download and share the content. The blogger did not obtain permission from the author or publisher of the novel.

  The blogger is an infringer because they reproduced and distributed a copyrighted literary work (the novel chapters) without the copyright holder's authorization. This violates the author's exclusive right to control the reproduction and public display of their creative work.

• Example 3 (Trademark Infringement):

  A new coffee shop opens in a busy city, using a logo and a name that are strikingly similar in appearance and sound to a globally recognized coffee chain. The new shop hopes to attract customers who might mistakenly believe it is affiliated with the famous brand.

  The new coffee shop is an infringer because it is using a mark that is confusingly similar to a registered trademark without permission. This action infringes upon the original coffee chain's exclusive right to use its trademark to identify its goods and services, potentially misleading consumers about the origin or endorsement of the new shop's products.