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Traditionally, "one who, with knowledge of the infringing activity, induces, causes or materially contributes to the infringing conduct of another, may be held liable as a 'contributory' infringer".
As its name suggests, the former applies when an actor personally engages in infringing conduct.
The "protection under this title" afforded by §104, however, is merely protection against infringing conduct within the United States, the only place where Title 17 applies.
The court rejected Cox's argument that the right and ability to control should be read more narrowly to mean control over an individual customer's infringing conduct, as opposed to control (writ large) over the means the customer uses to infringe.
Unlike the undisputed record of racial discrimination confronting Congress in the voting rights cases, see City of Boerne, supra, at 525527, Congress came up with little evidence of infringing conduct on the part of the States.
The foregoing review of the evolution of the Act seems to us to make clear that Congress did not intend that this definition apply to the sections of the Lanham Act which define infringing conduct.
Similar(42)
What countermands 'rights infringing behaviour' and how do people negotiate solutions for themselves/others?
There would be no even reasonably "bright line" between infringing and non-infringing conduct, a deficiency that would be particularly mischievous when dealing with pre-judgment seizure at the instance of a plaintiff without judicial supervision.
The volitional-conduct requirement is not at issue in most direct-infringement cases; the usual point of dispute is whether the defendant's conduct is infringing (e.g., Does the defendant's design copy the plaintiff's?), rather than whether the defendant has acted at all (e.g., Did this defendant create the infringing design?).
But what if, as argued in the case before us, the defendant need not know the identity of the infringer to stop the allegedly infringing practice without affecting legitimate conduct?
The plaintiffs charged that the defendants' conduct infringed on their fundamental substantive due process rights to life, liberty, and property and other unenumerated rights, including the right to a stable climate system.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com