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Copyrights & Trademarks

Trenton H. Norris


Trenton H. Norris

McCutchen, Doyle, Brown & Enersen, LLP

San Francisco, CA

415 / 393-2062

tnorris@mdbe.com

mccutchen.com



Question What is copyright misuse?

Question The copyright misuse doctrine prohibits the owner of a copyright from enforcing it against an infringer if the owner has exploited the copyright in order to secure an exclusive right or a limited monopoly that is not granted by the copyright laws. For example, a license provision prohibiting the licensee from developing or using competing products might be considered copyright misuse. Courts that follow this doctrine will withhold remedies for infringement of the copyright until the anti-competitive effects of the misuse have completely dissipated.







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