Unfair Competition

Definition:
Commercial conduct that the law views as unjust. A person injured by an act of unfair competition is entitled to relief in a civil action against the perpetrator of the act.

Musical Work

Definition:
A category of copyrightable work expressed in notation or sounds. A musical work can be embodied and fixed in physical objects that are classified as either "copies" (sheet music) or "phonorecords" (e.g., compact discs or tapes).

On Sale

Definition:
"An inventor cannot obtain a valid patent if he or she waits for more than the one-year grace period to file a patent application after a product embodying the invention has been placed ""on sale."""

Passing Off

Definition:
The substitution of one brand of goods when another brand is ordered. (2) Trademark infringement where the infringer intentionally meant to mislead or deceive purchasers. (3) Trademark infringement where there is no proof of intent to deceive but likelihood of confusion is proven.

Best Mode

Definition:
A condition for the grant of a valid patent. An inventor must describe the best method he or she knows for carrying out the invention.

Good Will

Definition:
The value of a business or of a line of goods or services that reflects commercial reputation. A business with a well-established good will could see all of its tangible assets destroyed, yet still own its reputation, its good will.

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