The functionality doctrine is a rule in trademark law which states that functional product features cannot serve as a trademark. A product feature is considered functional if it is essential to the use or purpose of the product or if it...
intellectual property
generic
Generic, in trademark law, refers to the status of a word or symbol commonly used to describe an entire type of product or service rather than to distinguish one product or service from another. An example is "raisin bran," used by several...
genericide
Genericide refers to the gradual process of a trademarked term becoming generic through use by the common individual. When a term becomes generic, the term cannot receive a trademark nor can current trademarks be enforced. This process can be...
holder
A holder is a general term for the individual who has lawfully received possession of property. For example, anyone holding a promissory note, check, bond or other paper.
[Last updated in March of 2022 by the Wex Definitions Team]
incorporeal
Incorporeal is something intangible; that has no physical existence, such as a right.
In reference to law, “incorporeal” is used primarily in the context of property. Louisiana has a statute that defines corporeal and...
incorporeal ownership
Incorporeal ownership is the ownership of a right. It is ownership which is intangible in nature. In other words, it is not ownership of a thing, but ownership in a right related to something. For example, if you own a piece of land, that is...
indirect infringement
A third party may be found liable for direct infringement of a patent, copyright or trademark committed by another under a theory of secondary liability if the third party actively induced, encouraged or materially contributed to the infringing...
inducement of infringement
Any person who actively induces infringement of a patent is liable as an infringer (see 35 U.S.C. § 271(b). Inducement of infringement refers to a situation where a person encourages or facilitates another person to directly infringe on a...
infringement
Overview:
An infringement is a violation, a breach, or an unauthorized act. Infringement occurs in various situations. A harm to one’s right is an infringement. A violation of a statute is also an infringement. In a commercial contract, an...
infringement (of copyright)
Generally, an infringement refers to the act of unlawful copying of material under intellectual property law. It is an act that interferes with the right of intellectual property ownership.
In a copyright infringement matter...