Science Fair Project Encyclopedia
In a trademark context, infringement refers to the violation of the exclusive rights which attach to a registered trademark. Such rights can be enforced by way of trademark infringement proceedings before a court of law. In this context a trade mark which is not registered cannot be 'infringed' as such; however, an unregistered trademark right may be protected by way of an action for passing off.
Trespass, breaking and entering, and other acts of violation of one's exclusive right to sanctity of property are considered infringments, as opposed to takings . By contrast, a taking would be an act of eminent domain, or conversion of a lien upon a deed, or a statutory act which reduces the value of one's property to zero (courts have ruled that 99% reductions in value are normal risks of investment and thus are not takings, this remains an area of hot dispute by property rights advocates), or a theft or larceny.
Right to Keep and Bear Arms
In the United States, the 2nd Amendment Right to Keep and Bear Arms is considered either a property right or one to self-defense (the property right accruing to ones right to own guns as well as to own ones own life, keep one's property, etc.). The specific use of the word 'infringed' in the wording of the 2nd Amendment is hotly disputed, as well as the meaning of the word itself. Gun control advocates argue that the meaning of 'infringe' at the time of the adoption was closer to "breaking" or "fracturing", rather than an abridgement. Pro-gun advocates apply the meaning of the word to bar the federal government from even a temporary, partial, or transient violation of one's right to keep and bear arms.
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