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BizIPEsq.
BizIPEsq., Attorney
Category: Intellectual Property Law
Satisfied Customers: 996
Experience:  I am a tech attorney and I represent clients with technology, internet and intellectual property matters
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How much different must one item be from another to not infringe

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How much different must one item be from another to not infringe on the other, is there a given percentage, or does it all fall under the Egyptian goddess?

BizIPEsq. :

Hello, I will be assisting you

BizIPEsq. :

Are you referring to copyright infringement? And whether two works are substantial similar?

Customer:

they look similar because they are glasses but still are not the same, very much different when looking close

Customer:

is there a given percentage they must be different

Customer:

everyone has said they only need to be a little different

Customer:

not hugely different

Customer:

everyone who looks at my glasses and others say they are very different and they cold not mistake them for others

BizIPEsq. :

there is no set %. The ultimate decision makers are judges/juries and the instructions are always to look at the totality of the work. For example if there is one very unique design feature and even if it's only 1% of the design if you copy that 1% and people now belief that your object was made by the other company then it would be enough to constitute infringment

BizIPEsq. :

of course on the other side you would claim that your glasses are different and therefore should be considered a work in of themselves

Customer:

thank you for your help

BizIPEsq. :

this would be a good faith point of view

BizIPEsq. :

you are welcome

BizIPEsq. :

please rate my answer

BizIPEsq. :

without your rating I do not get compensated for my work

BizIPEsq. :

use the button below

Customer:

OK

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