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What Is an Infringement Claim?

Intellectual property involves a claim of originality with regards to a certain kind of work of art, music, idea, process, innovation, etc. When an individual violates intellectual property rights, such as claiming that a certain work originated from them rather than the actual person, the latter may make an infringement claim against the former.

When a person steals another’s idea, music, process, method, or anything under the realm of intellectual property, this is referred to as plagiarism. This kind of offense is usually committed in order to derive some benefit, such as money, fame, or reward. Anyone that has used anything that has been patented, trademarked, or copyrighted in any manner, and has been used without the authority of the owner, may be subject to an infringement claim.

In order to address an infringement claim, the owner of the intellectual property may directly confront the individual who has been committing such offenses. The owner may request that the individual guilty of plagiarism or some other form of intellectual property theft halt any present and future actions that involve the use of such idea, art, music, etc. It is possible that through direct confrontation, a compromise may be reached between all the parties involved.

However, not all infringement claims resolve in a compromise. When the unauthorized use of the intellectual property continues, the infringement claim may be brought to court. The party claiming infringement is referred to as the plaintiff and files a suit against the party who has committed the infringement, called the defendant, in order to seek compensation or damages.

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