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"Misappropriation" is not necessarily synonymous with copyright infringement, and thus a cause of action labeled as "misappropriation" is not preempted if it is fact based neither on a right within the general scope of copyright as specified by section 106 nor on a right equivalent thereto.
When we first came up with the idea to call the company Bodega we recognized that there was a risk of it being interpreted as misappropriation.
It occasionally happens that novice or even experienced researchers use the words of others without proper accreditation, a practice generally referred to as plagiarism, but also known variously as "misappropriation, faulty citation, copyright infringement, literary theft, imitation, cheating, cribbing, and stealing, to name a few," Marsh (2012, p. 1).
When I asked Ed about the case, he said the accusation (described in the lawsuit as "misappropriation of trade secrets and conspiracy") was a ridiculous claim made by a company of which he was formerly president and shareholder.
Rajan and McDonald have responded to the backlash on Medium, saying they were not trying to put corner stores out of business and that they're aware the name "Bodega" could be interpreted as "misappropriation".
A special audit team is recommending that law enforcement investigate officials and employees of the Montebello Unified School District for potential fraud as well as misappropriation of funds and assets.
Similar(52)
Under Afghan law, embezzlement includes mismanagement of government funds as well misappropriation of them.
Charities are subject to the kinds of fraud that can also plague business organizations, such as embezzlement and misappropriation of funds by executives.
It has been held to apply to misappropriation as well as misrepresenation, to the selling of another's goods as one's own to misappropriation of what equitably belongs to a competitor.
Under the suggested approach, the personal benefit test would need to be satisfied, even though the breach by the initial tipper might also be characterized as a misappropriation.
Though money was raised specifically for the renovation project, the players cast the lobby expenditure as a misappropriation of funds that might better be directed toward their remuneration and welfare.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com