By FindLaw Staff | Legally reviewed by Joseph Bui, Esq. | Last updated January 02, 2023
What constitutes intellectual property infringement?
What constitutes intellectual property infringement?
Intellectual property infringement is the violation of an intellectual property right. For example, creating a listing using a third party’s image, trademark, logo, design, etc., without the appropriate permission from the intellectual property rights owner, can constitute intellectual property infringement.
There are several types of intellectual property infringement:
- Copyright infringement - A copyright is a legal right granted to the creator of an original work, such as a photo, writing, video, song, etc. Copyright infringement can occur when you copy or upload an image, without permission, that is not your own or is not licensed to you.
- Trademark infringement and counterfeiting - A trademark is a word, symbol, phrase, or design, that identifies and legally differentiates the source of the product or services of one entity from those of another. Trademark infringement is the unauthorized use of a trademark in a manner that is likely to cause consumers to be confused as to the source of the product, or as to whether there is some sponsorship or affiliation between the person who is selling the product and the actual trademark owner.
- Counterfeiting - Counterfeiting generally is seen as a type of trademark infringement. Counterfeit products often are fake or unauthorized replicas of real products, and are intended to defraud or deceive consumers into believing the product is authentic.
- Patent infringement - Patents protect an invention against unauthorized reproduction, use, copying, or sale. Patents may cover manufactured items, machines, designs, and various other items or processes. Patents may be registered with each jurisdiction’s regional patent office. Making, using, selling, or offering to sell a patented invention or design without the permission of the patent owner may constitute patent infringement.
- Rights of publicity - Rights of publicity protect the rights of individuals from the unauthorized use of their names, likenesses, or other recognizable aspects of their personas, from being misused in product listings, advertisements, or other commercial activities. Using a third party’s publicity rights without proper authorization may constitute a right of publicity violation.
Larceny is what most people think of as common theft - the taking of someone else's property without the use of force. The Model Penal Code and the laws of several states place larceny and certain other property crimes under the general category of theft. However, there are some states that retain the traditional common-law distinctions in which larceny is its own crime, separate from other property crimes like embezzlement or robbery.
Derived from the Middle English word “larceni" and the Anglo-Norman word larcin, larceny is theft of personal property.
This article contains a detailed overview of larceny.
Definition of Larceny: Elements of the Crime
The following elements must be proven in order to obtain a conviction for larceny:
- The unlawful taking and carrying away
- Of someone's personal property
- Without the consent of the owner and
- With the intent to permanently deprive the owner of the property.
Unlawful Taking
The first stage of a crime that comes under a larceny definition involves the unlawful taking of another's property. So, the removal or appropriation of property for a lawful purpose is not larceny, such as when a bank repossesses a car for non-payment.
Some states also require that the taker carry the property away for it to be considered stolen property. For immovable property, carrying away can be satisfied where the perpetrator has taken control of the property and removed its use and enjoyment from the owner.
Someone Else's Property
For larceny to apply, the property in question must belong to someone else. If it belongs to the person taking it, then larceny would not apply. This is true even if one's property was in the possession of another at the time it was taken. For example, a larceny-defined crime does not occur when someone takes back a lawnmower lent to a neighbor who failed to return it. In these situations, the only thing that matters is whether the person in control of the property had a better legal claim to the property than the person who took it.
People who co-own property can also commit larceny if they deprive any co-owners of their right to the property. So if three friends jointly purchase a computer and one of the friends moves away with the computer, but without the consent of the other friends, this could constitute theft under a larceny definition.
Without the Owner's Consent
Even if someone intends to steal a piece of property, no larceny occurs if the owner consents to the transfer of ownership of the property. However, it would be a crime if the owner transferred the property due to another person's deceit or fraud, although these situations are described by other property crimes.
The Taker's Intent
The final element of larceny involves the taker's intent to permanently deprive the owner of the use and enjoyment of the property. In other words, if the person who took the property intended to eventually give it back, this would not constitute larceny.
Larceny is a specific intent crime, which means that the person taking the property must specifically intend to commit larceny. Therefore, in a situation where a person reasonably believes that they own the property they are taking, they would not have the specific intent of required for larceny.
One Larceny or Several?
A common question that arises in larceny prosecutions is whether one larceny has occurred, or several. Generally, multiple items stolen from the same owner at the same time will form one larceny, but some states allow prosecutors to charge such a situation as multiple larcenies.
Courts often look at the timing and locations of larcenies to determine whether they formed part of a single activity or several. If part of a single activity, only one larceny has occurred. If there were multiple activities, however, then there could be charged multiple larcenies.
The determination of the number of larcenies can affect the number and severity of the larceny charges. For example, if multiple takings form one instance of larceny, the amount of the items taken could push the severity of the larceny into the category of a felony. On the other hand, if the multiple takings each formed a single occurrence of larceny, the defendant may face multiple lesser misdemeanor counts. This determination could have a great impact on the punishment the defendant receives.
Types of Larceny
The crime of larceny can take many forms. The following are types of larceny:
Often referred to as petty theft, petty or petit larceny is a term used in some jurisdictions to describe the theft of property when the value of the property is low. Each state sets different threshold values for the purposes of determining penalties for thefts.
One example of petit larceny is a typical act of shoplifting, when the shoplifter steals everyday items of relatively low value.
Grand larceny is a term sometimes used to describe a theft when the value of the property is high. Each state also sets threshold values for what value of property could elevate charges to a felony. One example of grand larceny could be the theft of a motor vehicle.
Embezzlement is a crime that could be viewed as a kind of larceny that involves theft or misappropriation of funds or property entrusted to the thief or belonging to the thief's employer.
New York's Penal Code defines several ways that larceny can be committed, defining the offense as:
"when, with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds such property from an owner thereof...committed in any of the following ways:"
- common law larceny by trespassory taking
- common law larceny by trick
- embezzlement
- obtaining property by false pretenses
- acquiring lost property
- false promise
- extortion
Some of these methods are clearly defined in the statute, while others are left to common law definitions.
In Massachusetts, one of the many versions of larceny prohibited by statute is “larceny by false pretense," which requires proof of the following elements:
- a false statement of fact was made;
- the defendant knew or believed that the statement was false when they made it;
- the defendant intended that the person to whom they made the false statement would rely on it; and
- the person to whom the false statement was made did rely on it and consequently parted with property.
An excellent example of “larceny by false pretense" occurs when a thief convinces someone to sell and transfer the title to an item of significant value on the basis of a misrepresentation. This could be a false promise to exchange something of equivalent value in the future, or even lie about "borrowing" an item temporarily — with no intention to give back the purloined goods.
Each state legislature decides the amount that divides a grand larceny (or a felony theft) ffrom a petty larceny (or misdemeanor theft). In New York, for example, the threshold is $1200, with an exception for firearms.
Get Legal Help With Your Larceny Charges Today
Any crime that falls under the larceny definition could result in serious charges with serious consequences. However, prosecutors often have some leeway to negotiate outcomes when pursuing theft charges. That's why it is important to have qualified, experienced legal counsel on your side, someone who can challenge the evidence in your case and make sure you have a knowledgeable defender looking out for your best interests. Get in touch with a criminal defense attorney near you today to learn more.
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THE REVISE SEVERE SANCTIONS AND PENALTY EFFECTIVE JANUARY 10, 2023;
The incident had taken place December 30-31, 2022. Investigation disclose the Jeb Bush, Chinese nationals & Daniel- receiver of stolen honorarium allowance amount of two throusan dollars $2,000.00.
Divine Plan Implementation Ordinance imposes statutory Penalty within the period of 900-9000 years penalty underneath $9.9 trillion dollars pereptual penalty in multiple times fines; statutory penalty within period of years 900-9000 years penalty underneath $9.9 trillion dollarts in perpetual penalty in multiple times fines; statutory penalty within 900-9000 years penalty underneath $9.9 trillion dollars in perpetual penalty in multiple times fines; statutory penalty within years period of 900-9000 years penalty underneath $9.9 trillion dollars in perpetual penalty in multiple times fines ; statutoty penalty within the period of 900-9000 years penalty under $9.9 trillion dollars in perpetual penaly in multiple times fine; statutory penalty within the years period of 900-9000 underneath $9.9 trillion dollars in perpetual penaly inmultiple times fines shall take effect February 28, 2023. Statutory penalties within years period of penalty 900-9000 years underneath $9.9 trillion dollars in perpetual penalty in multiple times' statutory penalty within the period of 900-9000 years penalty underneath $9.9 trillion dollars in perpetual penalty in multiple times fines; statutory penalty within the period of 900-9000 years penalty undeneath $9.9 trillion dollars in perpetual penalty in multiple times fines ; statutory penalty within years period of 900-9000 years of penalty underneath $9.9 trillion dollars in perpetual penalty and multile times fines, statutory penalty within 900-9000 years period of penalty undenreath $9.9 trillion dollars in perpetual penalty in multiple times fines; statutory penalty within years period of penalty 900-9000 years period of penalty underneath $9.9 trillion dollars perpetual penalty in multiple times fines; statutory penalty within years period of penalty 900-9000 years time underneath $9.9 trillion dollars in perpetual penalty in multiple times fines; statutory penalty within years period of time 900-9000 years period of times underneath $9.9 trillion dollars in pereptual penalty in multiple times fines ; statutoty penalty within years period of time 900-9000 years period of time penalty underneath $9.9 trillion dollars in perpetual penalty in multiple times fines ; statutory penalty within years period of time 900-9000 years period of penalty underneath $9.9 trillion dollars in perpetual penalty in multiple times fines; statutory penalty within years period of time 900-9000 years period of penalty underneath $9.9 trillion dollars in perpetual penalty in multiple times fines; statutory penalty within years period of time 900-9000 years period of penalty underneath $9.9 trillion dollars in perpetual penalty in multiple times fines ;and shall take effect at February 28, 2023 at 4:21pm. All penalties are underneath the Almighty God and Blessed Jesus christ guidance. Penalties to violations and abuses against offenses committed against the Divine Plan Implementation Laws/ Ordinances. Each individual with names mentioned, establishments, political parties, nations underneath severe drastic sanctions and severe penalty withint years period mentioned above underneath $9.9 trillion dollars in perpetual penalty in multiple times fines. Statutory penalty within years period of time 900-9000 years period of penalty underneath $9.9 trillion dollars in perpetual penalty in multiple times fines; statutoty penalty within years period of time 900-9000 years period of penalty underneath $9.9 trillion dollars in perpetual penalty in multiple times fines; statutory penalty within years period of time 900-9000 years period of penalty underneath the $9.9 trillion dollars in perpetual penalty in multiple times fines; statutory penalty within years period of time 900-9000 years period of penalty underneaht $9.9 trillion dollars in perpetual penalty in multiples times fines. Statutory penalty within years period of 900-9000 years period of time penalty underneath $9.9 trillion dollars in perpetual penalty in multiple times; the statutory penalty within years period of time 900-9000 years period of time underneath $9.9 trillion dollars in perpetual penalty in multiple times fines; statutory penalty within years period of time 900-9000 years period of penalty underneath $9.9 trillion dollars in perpetual penalty in multiple times fines; statutory penalty within years period of time 900-9000 years period of penalty underneath $9.9 trillion dollars in perpetual penalty in multiple times fines; statutory penalty within years period of time 900-9000 years period of penalty ; Statutoty penalty within years period of penalty 900-9000 years period of time underneath $9.9 trillion dollars in perpetual penalty in multiple times fines.Statutory penalty within years period time 900-9000 years period of time penalty underneath $9.9 trillion dollars in perpetual penalty in multiple times fines. STATUTORY PENALTY WITHIN YEARS PERIOD OF TIME 900-9000 YEARS PERIOD PENALTY UNDER $9.9 TRILLION DOLALRS IN PEREPTUAL PENALTY IN MULTIPLE TIMES FINES. STATUTOTY PENALTY WITHIN YEARS PERIOD OF PENALTY 900-9000 YEARS PERIOD OF PENALTY UNDERNEATH $9.9 TRILLION DOLALRS IN PERPETUAL PENALTY IN MULTIPLE TIMES FINES SHALL TAKE EFFECT FEBRAURY 28, 2023. Statutory penalty within years period of time 900-9000 years period of penalty underneath $9.9 trillion dollars in perpetual penalty in multiple times fines; statutory penalty within years period of time 900-9000 years period of penalty underneath $9.9 trillion dollars in perpetual penalty in multiple times fines. The following are Under Severe Drastic Sanctions with in 900-9000 years period of penalty underneath $9.9 trillion dollars in perpetual penalty in multiple times fines shall take effect February 28 2023 at 4:19 pm All penalties are under the guidance of the Blessed God Almighty and Savior Jesus Christ. The names of individual mentioned, establishments and countries who hold responsible for breach of the divine plan implementation Law, Ordinance, & Decrees: Divine Plan Implementation impositionm of Severe Drastic Sanctions under period of time penalty 900-9000 years period of time severe drastic sanctions and penalty underneath $9.9 trillion dollars in perpetual penalty in multiple times fines shall take effect February 28, 2023 at 3:29 Pm: the following underneath severe drastic sanctions and within 900-9000 years period of time penalty underneath $9.9 trillion dollars: The names of persons/establishments & Political parties: 1.Mexican Nationality gangster Vicente Rodriguez connivers to african blacks Democratic Party supporters intimidation & harassment tactics towards Grace Robles
2. Americans ( white caucasians, african blacks Democratic Party supporters) - Hold responsible on making Controversial issues against Grace Robles "Immigration Status" and being use against her; stealing money donations & honorarium allowances for nine 9 years time.
3. Paul Wolfowitz unlawful transfer of Divine PLan Implementation towards the Democratic Party
4. Paul WOlfowitz stealing data gathering of divine plan memberships & unlawful usage towards thge Democratic Party underneath Joe Biden/Khamala Harris Administration
5. African Blacks Democratic Party supporters associated to Paul Wolfowitz unlawful take over of Roman Catholic Church Vatican city and Roman Catholic Church
6. Roman Catholic Church under the control of african blacks democratic Party Islamic Caliphate fanaticss
7. African Blacks supporters of Islamic Caliphate worldwide
8. Brian Fishman - masterminds of the placement of Grace Robles of non -profit establishments Los Angeles
9. Marshall Skaletzky aka Marshall Stone - placement of Grace at Los Angeles non profit establshment
10. Marshall Skaletzky aka Marshall Stone attempted plan of transfer of Divine Plan Implementation towards the Democratic Party USA
11. David De Rothschild - democratic Party supporter unlawful obtaining of charity funds and unlawful acts of secret distribution of divine plan charity funds with the absence of getting permission from Grace Robles - administrator divine plan implementation.
12. African blacks infringement violations unlawful usage of divine plan implementation member the Roman Catholic Church
13. Democratic Party Biden/ Harris Administration copyright infringement violations pertains to Divine Plan Implementation
14. African Blacks unlawful receivers of divine plan charity funds secretly distributed by David Rothschild
15. African blacks unlawful recievers of divine plan charity funds secretly distributed by Brian Fishman
16. Irish American employee of Skid Row namew Rebecca - associating with Brian Fishman,
17. Rebecca Irish democratic Party supporter employee of Skid Row Homeless Shelter - unlawful receiver of divine plan charity funds
18. Brian Fishman - Democratic Party supporter/ unlawful receiver of divine plan charity funds
19. Brian Fishman unlawful disclosures of the divine plan members
20. Brian Fishman unlawful association with Romania Royalty
21. Democratic Party infringements violations the unlawful usage and attempoted transfer of Roman Catholic Church to Democratic Party;
22. Marat Kliner unlawful obtaining of divine plan charity funds with the absence of getting permission from Administrator Grace Robles
23. Marat Kliner - caregiving nursing employment recommendations to Grace Robles
24. Marat Kliner - unlawful receiver of divine plan implementation charity funds
25. Armenian Nationalities Immigrants of USA - association to Hispanics, latinos & Mexican Nationalities
26. Armenian Nationalities Immigrants of USA - secret alliance with Chinese nationalities immigrants of USA
27. Daniel - employee of Allied driving school associating with Chinese national J0-Ann Chan of Los Angeles
28. Russian - Global supply chains
29. China aiding Russia on amunitions & artilleries of war fare
30. Russia Global commodities exporters and importers worldwide
31. Russia energy oil natural gas petroleum exporters & importers
32. Russia Manufacturing sectors & global commodities
33. Russia Banking & finance sectors
34. Russia global trade
35. Russia global supply chain36. Russia alliance with Peoples Republic of china
37. Nationalities of Latin, South central American & Mexico Immigrants & non Immigrants of USA unlawful receivers of Divine Plan charity funds secretly distributed by David De Rothschild
38. Jeb Bush - democratic Party supporter
39. david De Rothschild - Democratic Party supporter secretly obtaining charity funds with out permission
40. Hispanics, latinos, & mexicans collusion with African Blacks Democratic Party
41. Vicente Rodriguez- Hispanics, Latinos & mexicans democratic Party supporters of Joe Biden
42. China anti- Sanction actions against USA
43. China secret plans of siphoning money to Russia's central Bank/ the Romanov Dynasty funds to Russia Vladimir Putin
44. Vladimir Putin - assets, investments in europe, and the Romanov Dynasty funds
45. Russian oligarchs associating with Russia President Vladimir Putin
46. Joe Biden/Khamala Harris Administration Democratic Party
47. Peoples Republic of China - under PM XI JINPING
49. Union of Soviet Socialist Republic - Russia Federation
50.Vicente Rodriguez mastermind of unlawful collection and data gathering information of divine plan implementation
51. Cecilia & Fernando Panopio stealing & rackeetering of charity funds
52. Cecilia & Fernando Panopio harassment & extortion towards Divine Plan Implementation
53. African Blacks connivers of Chinese nationalities in an attempted return to chinese nationalities to divine plan implementation
54. Chinese nationalities excuses and alibis of Grace Immigrattion statuscovering up stealing charity funds
55. Marat Kliner mastermind of covering up his evil labor rackeetering practices & swindling
56. King Charles and United Kingdom Royalty
57. Vicente Rodriguez - Mexican nationalities unlawful receivers of charity funds from Mark Vlasic, david Rothschild & Marat Kliner
58. Nationalities of Central South & Latin America & mexico Immigrants & non immigrants of United States unlawful receivers of charity funds from Attorney Mark Vlasic
59. Nationalities of central South & Latin America & mexico immigrants & non immigrants of United states unlawful receivers of charity funds from Russian Marat Kliner
60. Nationalities of Central south & latin america & mexico immigrants & non immigrants of UNited States unlawful receivers of charity funds
62. Mexican Nationality Vicente Rodriguez - criminal offenses of collecting and data gathering & profiteering from Divine Plan Implementation
63. Mexican Nationality Vicente Rodriguez extortion activities using the name of Divine Plan in collecting money from data information
64. VICENTE RODRIGUEZ UNLAWFUL DATA GATHERING & COLLECTION OF INFORMATION OF DIVINE PLAN ; UNLAWFUL TRADE OF STOLEN INTELLECTUAL PROPERTY TO DEMOCRATIC PARTY
65. Israeli nationalities saboteurs of divine plan implementation
66. Chinese physician Andrew Lee attempted return of chinese nationalities to divine plan implementation
68. chinese nationalities saboteur of Grace health care insurance
69. Cecilia & Fernando Panopio Harassing Grace Robles
70 Cecilia & Fernando Panopio asking money from Divine Plan Implementation
71. Grace Robles health care insurance connivers to Chinese nationalities
72. King Charles & United Kingdom Royalty office associated to Chinese nationalities
73. Grace Robles health care insurance Los Angeles connivers to Chinese nationalities
Divine Plan imposition of severe drastic sanctions underneath time period of penalty 900-9000 years period of penalty underneath $9.9 trillion dollars in perpetual penalty in multiple times fines. The severe drastic sanctions under the guidance of the blessed God Almighty and Blessed Savior Jesus Christ. The Divine Plan Implementation under the guidance of Divine Providence. All penalties docketed in Articles of declaration all penalties shall take effect February 28, 2023 at 9:37 am.
