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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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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 ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
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