Greenberg & Lieberman
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Daily Terms

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.

Canceled

Definition:
Trademark registration is no longer viable. It may be due to the registrant's failure to file the required continued use affidavit under Section 8 of the Trademark Act,

Functionality

Definition:
That aspect of design that makes a product work better for its intended purpose, as opposed to making the product look better or to identifying its commercial source.

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