Greenberg & Lieberman
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Tradenark Glossary Terms - helpful related terms

Trademark Registration

Definition:
Involves the establishment of rights in a mark based on legitimate use of the mark.

EBC

Definition:
Electronic Business Center - includes links to Patents EBC and Trademarks EBC - a web page containing hyperlinks to all online systems for conducting electronic commerce with the USPTO.

Dilution

Definition:
A type of infringement of a trademark in which the defendant's use, while not causing likelihood of confusion, tarnishes the image or blurs the distinctiveness of the owner's mark.

Misappropriation

Definition:
A common law form of unfair competition in which an individual or firm copies or appropriates some creation of another that is not protected by patent, copyright, or trademark law, or any other traditional theory of exclusive rights.

Digital Millennium Copyright Act

Definition:
A major piece of U.S. legislation adopted in 1998 that extensively amended the copyright laws, in part to conform U.S. law to various treaty obligations, and in part to modernize the law to take into account various new digital technologies.


National Treatment

Definition:
A work originating in one of the member country must be given at least the same level of protection in each member country as that country gives to works created by its own citizens. 

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Daily Terms

Trade Secret

Definition:
Business information that is the subject of reasonable efforts to preserve confidentiality and has value because it is not generally known in the trade.

Opposition Proceeding

Definition:
A proceeding before the Trademark Trial and Appeal Board in which the plaintiff seeks to prevent the issuance of a registration of a mark.

First Sale Doctrine

Definition:
An exception to the exclusive right of a copyright owner to distribute copies or phonorecords of the copyrighted work.

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