Direct infringement - sustany/dvg GitHub Wiki

Direct infringement is the unauthorized exercise of one of the exclusive rights granted to the owner of a patent, copyright or trademark.�

In�patent�law,�direct infringement occurs when a person, without authorization, makes, uses, offers to sell or sells any patented invention within the United States or imports into the United States any patented invention during the term of the patent therefor.� See�35 U.S.C. � 271.

In�copyright law, direct infringement occurs when a person, without authorization, reproduces, distributes, displays, or performs a copyrighted work, or prepares a derivative work based on a copyrighted work.� See�17 U.S.C. � 106.

In�trademark law, direct infringement occurs when a person, without authorization, uses a registered mark on or in connection with the sale, offering for sale, distribution or advertising of goods or services that is likely to cause confusion, or to cause mistake, or to deceive.� See�15 U.S.C. � 1114.�

When a mark is unregistered, direct infringement occurs when a person, without authorization, uses a mark in commerce in connection with goods or services that is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of the goods or services identified by the mark.� See�15 U.S.C. � 1125.

See e.g.;�Medgraph, Inc. v. Medtronic, Inc., 843 F.3d 942, 121 U.S.P.Q.2d 1007 (Fed. Cir. 2016); Enplas Display Device Corp. v. Seoul Semiconductor Co., 909 F.3d 398 (Fed. Cir. 2018)