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Simple English definitions for legal terms

substantial similarity

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A quick definition of substantial similarity:

Substantial similarity refers to how much one thing looks or sounds like another thing that is protected by a trademark or copyright. If something is too similar to a protected work, it may be considered infringement. The level of similarity needed to be considered infringement depends on the product and how careful the typical buyer would be in choosing it. For example, someone buying a watch would be expected to be more careful than someone buying candy. There are different types of similarity, such as comprehensive nonliteral similarity, which means copying the general ideas or structure of a work, and fragmented literal similarity, which means copying exact words or phrases. Substantial similarity is a strong resemblance between a protected work and an alleged infringement, which creates an inference of unauthorized copying.

A more thorough explanation:

Definition: Substantial similarity refers to the resemblance of one trademark or copyrighted work to another. It is a question of overall impression rather than an element-by-element comparison of the two marks.

For example, if a company creates a logo that is very similar to another company's logo, it may be considered substantial similarity. The standard for substantial similarity depends on the nature of the product and how much care the typical buyer would be expected to take in making the selection in that particular market.

In copyright law, substantial similarity can refer to both comprehensive nonliteral similarity and fragmented literal similarity. Comprehensive nonliteral similarity is when there is similarity in the general ideas or structure of a work, such as a movie's plot, without using the precise words or phrases of the work. Fragmented literal similarity is when there is similarity in verbatim portions of the protected work.

The standard for substantial similarity in copyright law is whether an ordinary person would conclude that the alleged infringement has appropriated nontrivial amounts of the copyrighted work's expressions. For example, if a book is copied almost word-for-word by another author, it may be considered substantial similarity.

substantial right | substantial-step test

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THATS SO FUNNY
i cant i would go crazy
JumpySubsequentDolphin
20:50
i need to know who decided to do that.
JumpySubsequentDolphin
20:50
omg im on a plane weeeee
the devil
youre on a plane??? LSD made the mile high club??
20:50
yo splitterus are you in school already
20:50
it says ur c/o 2027
JumpySubsequentDolphin
20:51
@SplitterusClitterus: HAHAH yes
ur user is hilarioussss and no i just graduated this may and am now applying ---also im out of messages so ill take a lil
20:52
roger dat. see u in heck
im back, r u applying this cycle too
JumpySubsequentDolphin
21:32
this child fell asleep on me
JumpySubsequentDolphin
21:32
im so uncomfortable
just push him off the entire seat
JumpySubsequentDolphin
21:34
LMAOOOO
JumpySubsequentDolphin
21:35
no he’s literally like 8 and he fully just put his head on my bicep and slept
JumpySubsequentDolphin
21:35
he has since moved
22:12
@SplitterusClitterus: me yesterday
gulc baby pls text me back... i miss you ...... :(
22:23
i just went into a discord vc and yelled "YALL I JUST GOT INTO J.M. SCHOOL OF LAW"
22:24
people were getting excited :sob:
22:25
then someone was like "what does jm stand for" and i was like .. well
AHHAHAHAHAHAHHAHAHAHAHAHAH
@JumpySubsequentDolphin: wait this is so cute, also where r u going
JOE MBIDEN
JumpySubsequentDolphin
22:39
@splitty Oregon!
oh yay for what thats so random
JumpySubsequentDolphin
22:45
haha my brother and sister in law live there
so cutie oregon is beatiful
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