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If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.
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Legal Definitions - genericism
The life of the law has not been logic; it has been experience.
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Definition of genericism
Definition: Genericism (jə-nər-ə-siz-əm) is the state or condition of being generic.
Example: In a trademark lawsuit, a company may use an affirmative defense of genericism to argue that their product name has become a common term used to describe a type of product, and therefore cannot be exclusively owned by one company.
Explanation: The example illustrates how a company can use the defense of genericism to argue that their product name has become a common term used to describe a type of product. This means that the name has lost its distinctiveness and cannot be exclusively owned by one company.
It is better to risk saving a guilty man than to condemn an innocent one.
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Simple Definition
Term: GENERICISM
Definition: Genericism means being generic. It is a state or condition of being common or not unique. For example, if a product is so common that people use its name to refer to all similar products, it has become a victim of genericism. This can happen to trademarks, where the brand name becomes so popular that people use it to refer to all similar products, regardless of the brand.
A lawyer is a person who writes a 10,000-word document and calls it a 'brief'.
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