Criminal infringement is a legal term that describes the act of willfully violating copyright laws for commercial advantage or financial gain. This can also include the distribution of goods or services that carry counterfeit marks. A counterfeit mark is considered infringing if it is:
This term is primarily used in criminal law and intellectual property law. Criminal infringement cases often involve the unauthorized use of copyrighted material or trademarks with the intent to profit. Individuals or businesses accused of criminal infringement may face legal actions that can include fines or imprisonment. Users can manage some aspects of these cases by utilizing legal templates from US Legal Forms, which can help in drafting necessary documents.
Here are a couple of examples of abatement:
Example 1: A company produces and sells clothing that features a logo nearly identical to a well-known brand without permission. This could be seen as criminal infringement due to the potential for public confusion and financial gain.
Example 2: An individual downloads and distributes copyrighted music without authorization for profit. This act constitutes criminal infringement as it violates copyright laws for commercial benefit.
The primary law governing criminal infringement in the United States is the Copyright Act of 1976, along with the Lanham Act, which addresses trademark infringement. Key case law includes:
| Term | Definition | Key Differences |
|---|---|---|
| Copyright Infringement | Unauthorized use of copyrighted material. | Does not necessarily involve intent to profit. |
| Trademark Infringement | Unauthorized use of a trademark that causes confusion. | Focuses specifically on trademarks rather than copyright. |
If you believe you are involved in a situation related to criminal infringement, consider the following steps:
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