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LSDefine

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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hi all
CynicalOops
17:14
Ive been slacking so hard on tickets fawk
CynicalOops
17:14
Wait
CynicalOops
17:14
Presents
CynicalOops
17:14
Im just gonna get everyone tickets so thats why i said that
jackfrost11770
17:14
people are so stupid on the internet its crazy
CynicalOops
17:15
T5 soft
windyMagician
17:18
that and the post asking for low gpa success stories along with every other identifying detail
i should be a vtuber so i can finally realize my dream of becoming an anime girl
17:23
@CynicalOops: tickets to what?
CynicalOops
17:26
I got my brother tickets to a golf tournament and im going to get my mom ski lift tickets because she just moved near a ski resort
Dkk
18:08
Nice, I am on bad terms with my siblings so i am getting them nothing and they should get me nothing too and I am getting my mom a gift.
18:16
I just noticed that UMich has the majority of their acceptances really early on. Does anyone know what happens to mid-November applicants? Are we just cooked?
TGM
18:23
How long can I delay sending my fall grades if they hurt my GPA? I’m still waiting on decisions and ideally I’m hoping they decide BEFORE seeing my new grades
TGM
18:27
dropped my GPA below median for a couple of schools I’m applying to, when I was above median before
Dkk
18:32
@TGM: Not long enough to get another transcript to recover.
Dkk
18:33
Honestly you could just wait until someone actually asks for your fall grades. Who knows.
Dkk
18:34
@wigwav: It looks like if below medians it will not help but If applying in November it seems you are still middle of the cycle.
18:34
@wigwav: nah
TGM
18:34
like am I expected to send it unprompted or can I wait until a school requested it
Dkk
18:35
@TGM: Expected to send it unprompted but you can wait and see.
18:36
Is your LSAT also below median?
TGM
18:37
It’s above median, but I’m applying T6 with unimpressive softs, so even with a good LSAT it’s tough
texaslawhopefully
18:38
Yeah, then I would just wait as long as you can to send it
texaslawhopefully
18:38
For like HLS at least, if you wait till J6 then you may already have a decision
TGM
18:39
@texaslawhopefully: alas, haven’t even gotten an interview (applied around thanksgiving)
18:39
Yeah I would delay as long as you have plausible deniability
TGM
18:40
I actually do have a transcript issue that registrar needs to resolve, should I say that
TGM
18:41
(Course marked as Incomplete that’s supposed to be removed)
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