Warranty against Infringement Law and Legal Definition
Warranty against infringement refers to a warranty provided by a seller stating that goods being sold are not in violation of any patent, copyright, trademark or other intellectual property claims. However, a warranty against infringement is not applicable, if a buyer provides a seller with specifications for the goods purchased. When a buyer orders goods of a particular specification, it is statutorily presumed that the buyer is more familiar with the origin of those specifications. Under the warranty against infringement, a seller of goods guarantees good title to a buyer. The seller also guarantees goods as against rightful claims of infringement.
According to U.C.C. § 2-312, the following are provided by a seller under a warranty against infringement:
1. Good title and rightful transfer that does not unreasonably expose a buyer to litigation because of any colorable claim to or interest in the goods; and
2.Goods that are free from any security interest or other lien or encumbrance are to be delivered of which a buyer at the time of contracting has no knowledge.
Legal Definition list
Related Legal Terms
- Admission Against Interest
- Affirmative Warranty
- Against the Form of the Statute
- Against the Peace and Dignity of the State
- Against the Will
- Aggravated Sexual Assault Against a Child
- Breach of Warranty
- Breach of Warranty Breach of Rental Agreement
- Civil Causes of Action - Breach of Warranty
- Civil Causes of Action - Trademark or Copyright Infringement
