voluntary abandonment

1. As a ground for divorce, a final departure without the consent of
the other spouse, without sufficient reason, and without the intention to return. [Cases: Divorce
37. C.J.S. Divorce §§ 20, 41.] 2. In the law of adoption, a natural parent’s willful act or course of
conduct that implies a conscious disregard of or indifference to a child, as if no parental obligation
existed. — Also termed malicious abandonment. [Cases: Adoption 7.4.]
3.Criminal law. RENUNCIATION(3).4.Bankruptcy. A trustee’s court-approved release of
property that is bur-densome or of inconsequential value to the estate, or the trustee’s release of
nonadministered property to the debtor when the case is closed. [Cases: Bankruptcy 3131–3137.
C.J.S. Bankruptcy §§ 188–189.] 5.Contracts. RESCISSION(2).6.Insurance. An insured’s
relinquishing of damaged or lost property to the insurer as a con-structive total loss. Cf.
SALVAGE(2). [Cases: Insurance 2236. C.J.S. Abatement and Revival §§ 135, 146, 148,
151–154.] 7.Trademarks. A mark owner’s failure to maintain the mark’s proper use in commerce or
failure to maintain its distinctive character. • Abandonment is an affirmative defense to an action
for trademark infringement. — Also termed nonuse. [Cases: Trade Regulation 70. C.J.S.
Trade-Marks, Trade-Names, and Unfair Competition §§ 217–218.] 8.Copyright. Hist. An
affirmative defense to a copyright-infringement claim governed by pre-1989 law, based on the
author’s general publication of the work without a copyright notice. [Cases: Copyrights and
Intellectual Property 50.1(4).] 9.Intellectual Property. The loss of an intellectual-property right,
as by disuse, neglect of formalities, or failure to pay a required fee.

[Blacks Law 8th]