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Simple English definitions for legal terms

extra-elements test

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A quick definition of extra-elements test:

Extra-Elements Test: A way for judges to decide if a state law claim about intellectual property is allowed or not. If the claim needs something extra that is not part of the federal law, then it is okay to go forward with the state claim. This is called the Extra-Elements Test and it helps make sure that state laws don't interfere with federal laws about intellectual property.

A more thorough explanation:

The extra-elements test is a legal test used to determine whether a state-law claim is preempted by federal intellectual-property statutes under the Sears-Compco doctrine. This test is used to determine whether a state law claim is different enough from a federal infringement claim to be allowed to proceed.

For example, if someone sues for copyright infringement under state law, the extra-elements test would be used to determine whether the state law claim is different enough from a federal copyright infringement claim to be allowed to proceed. If the state law claim requires proof of an extra element that makes the action qualitatively different from an infringement action based on federal law, the state action is not preempted.

Another example would be if someone sues for trademark infringement under state law. The extra-elements test would be used to determine whether the state law claim is different enough from a federal trademark infringement claim to be allowed to proceed. If the state law claim requires proof of an extra element that makes the action qualitatively different from an infringement action based on federal law, the state action is not preempted.

extradotal property | extra familiam

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I am around only to click "creep a rando" to see people
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makes me feel better cus my lsat score is trash and my gpa is trash. us trash students are gonna take over the world.
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I didn’t do anything in undergrad and I still got into law school
NosyBeagle
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i didn't do much. joined a soriority. that's it lol
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ronniedoeslaw
13:46
Does anyone know if there’s a UIC deadline to when they stop accepting people into fall 2025? I only ask because I’ve seen people say they’ve gotten an acceptance letter only a month prior to the semester stating
MrThickRopes
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Ts going on my SoundCloud fr
@ronniedoeslaw: no there's no deadline for them to accept students. plenty of horror stories of people getting admitted to a school during Orientation
NosyBeagle
13:57
Yeah. I just googled. They have a rolling admissions system. Will keep looking at applications til their seats are filled. Go for it! Good luck!
ronniedoeslaw
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Awesome. You all are super helpful & supportive. I’m excited to have this community with me through my journey
@ronniedoeslaw: wait i love you lmao come back any time
ronniedoeslaw
14:04
@JupitersMoons: thank you lol, I just joined this a few days ago but you all are super funny & reliable for realism
@ronniedoeslaw: ur catching us at the end of a long cycle, which i also joined at the tail end of a swell, but you are free to coast with us who are waiting for final decisions
NosyBeagle
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I am applying next cycle and here to scare myself
ronniedoeslaw
14:10
@JupitersMoons: that’s good to know. I took a leap of faith in December to begin studying for the LSAT & I just made the cut off for priority applications. Probably the quickest but also most stressful 6 months of my life just with studying & also personal life issues
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