Law360, New York (June 10, 2016, 6:11 PM EDT) -- Intellectual property law is supposed to be all about innovation and creativity, so why use tired old clichés when writing about it? Here are five overused terms and phrases that IP lawyers say you should avoid in your next brief.
Along with ownership, proving that a work was actually copied is one of the fundamental requirements for showing infringement under copyright law. Without a finding that the work was copied, a similar but independently created work doesn't amount to copyright infringement.
And in trademark law, evidence a mark was directly copied is helpful in showing not only the necessary...
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