What constitutes intellectual property infringement?

Intellectual property infringement is the violation of an intellectual property right. For example, creating a listing using a third party’s image, trademark, logo, design, etc., without the appropriate permission from the intellectual property rights owner, can constitute intellectual property infringement. 

There are several types of intellectual property infringement:

• Copyright infringement - A copyright is a legal right granted to the creator of an original work, such as a photo, writing, video, song, etc. Copyright infringement can occur when you copy or upload an image, without permission, that is not your own or is not licensed to you. 
• Trademark infringement and counterfeiting - A trademark is a word, symbol, phrase, or design, that identifies and legally differentiates the source of the product or services of one entity from those of another. Trademark infringement is the unauthorized use of a  trademark in a manner that is likely to cause consumers to be confused as to the source of the product, or as to whether there is some sponsorship or affiliation between the person who is selling the product and the actual trademark owner. 
  • Counterfeiting - Counterfeiting generally is seen as a type of trademark infringement. Counterfeit products often are fake or unauthorized replicas of real products, and are intended to defraud or deceive consumers into believing the product is authentic.  
• Patent infringement - Patents protect an invention against unauthorized reproduction, use, copying, or sale.  Patents may cover manufactured items, machines, designs, and various other items or processes.  Patents may be registered with each jurisdiction’s regional patent office. Making, using, selling, or offering to sell a patented invention or design without the permission of the patent owner may constitute patent infringement. 
• Rights of publicity - Rights of publicity protect the rights of individuals from the unauthorized use of their names, likenesses, or other recognizable aspects of their personas, from being misused in product listings, advertisements, or other commercial activities. Using a third party’s publicity rights without proper authorization may constitute a right of publicity violation. 

The information provided on this Website is for informational purposes only and does not, and is not intended to, constitute legal advice on any subject matter. Should you require assistance related to the subject matter or information on this Website, you should contact an attorney for legal advice.