General Litigation Glossary Terms

Copyright is protection provided to authors of fixed literary, dramatic, artistic, and musical works as well as some other intellectual works, published and unpublished. The owner of a copyright has the exclusive rights to use the copyrighted work for reproduction, distribution, creating derivative works and public display of the work. Copyright protects the form of expression but not the subject matter, protecting for instance, the way an author described a cat but not preventing anyone else from writing their own description of a cat – as long as it is not copied from an original work. The Library of Congress registers copyrights. Registered copyrights of works created since 1978 last the life of the author plus 70 years. For works "made for hire", the duration of copyright will be 95 years from publication or 120 years from creation, whichever is shorter. Some treaties extend copyright protection in member countries.

The serious harming of someone’s reputation or character by making false statements as though they are factual. Includes the more specific Slander and Libel.

The person or entity who is being sued in a court of law.

Libel is typically written or printed defamation (serious harming of someone’s reputation or character by making false statements) but can include pictures, signs, film, and electronic broadcasts like websites, webcasts, podcasts, television, or radio.

The process of filing a lawsuit to settle a legal dispute. The person (or entity) who files the lawsuit (in order to have court settle the legal issue) is called the "plaintiff." The other party (or person) who is being sued is called the "defendant."

Patents protect inventions and improvements to existing inventions. A patent grants an inventor permission to exclude others from making, using, offering for sale, or selling their invention in the United States or importing their invention into the United States. There are three types of patents: utility, design, and plant. Typically, utility and plant patent last 20 years from filing and design patents have a term of 14 years. A utility patent will expire during its term unless appropriate maintenance fees are timely paid. The U.S. Patent and Trademark Office (USPTO) issues patents but the owner has to enforce the patent without the help of the USPTO. Patents are issued and enforced by country.

Also known as “prescriptive periods”. In civil law, these are the laws that detail the maximum period of time that legal proceedings may be enacted after certain events. In common law, these legally maximum periods of time to begin legal proceedings are referred to as “statutes of limitation”.

The party (individual) or entity who starts a lawsuit against another party (the defendant) in a court of law.

The act of a judge to remove (recuse) him or her self from participating in a case because they have special or personal interest in the outcome that could influence their decisions or judgement of the case.

Usually spoken defamation (serious harming of someone’s reputation or character by making false statements) but can include gestures, sign language, and other “non-permanent” statements.

In common law, the law that details the maximum period of time that legal proceedings may be enacted after certain events. The statute of limitations will vary by the event and by state and country. In civil law, these legally maximum periods of time to begin legal proceedings are referred to as “periods of prescription”.

An agreement for the financial settlement of a lawsuit to be paid out in installments rather than in a lump sum. Structured settlements usually result from large settlements and are often created through the purchase of annuities. The payments can be structured in any way the parties choose (monthly, yearly, quarterly, etc.). Structured settlements are common in large recovery cases, often in anticipation of long-term financial and health care costs.

Trademarks or service marks,(also referred to just as "marks"), protect brands, brand names, symbols, logos, devices, and designs applied to products or used in connection with services. A trademark can be words, a design, a color, a sound, a smell and even the way something feels as long as it is distinctive. The USPTO issues federal mark registrations used "in commerce," which is generally in more than one state. Only marks with final USPTO federal registration can be shown with the "®" symbol. Federally registered marks are benefited by: the owner’s ability to take action in federal court on behalf of the mark; the owner's ability to legally enforce the mark nationwide; the owner's ability to use the filing date of the U.S. application in a foreign registration to predate registrations in foreign countries; and the owner's ability to record the registration with the U.S. Customs Office (to prevent the importing of infringing foreign goods). U.S. federal trademark registrations are valid for 10 years after registration, providing that the owner uses the mark during the terms and an "Affidavit of Use" has been filed between the fifth and sixth years following registration. States also issue state trademark protection. Federal trademarks are issued and enforced by each country.