Online service providers and third party trademark infringement: an Australian perspective

2013 ◽  
Vol 22 (2) ◽  
pp. 75-106
Author(s):  
A. Marsoof
Keyword(s):  
Service Providers ◽  
Third Party ◽  
Online Service ◽  
Trademark Infringement ◽  
Online Service Providers

scholarly journals Evolution of case law regarding the interpretation of the secondary liability standard in U.S. trademark law

2020 ◽  
Vol 58 (3) ◽  
pp. 141-155
Author(s):  
Jelena Ćeranić-Perišić
Keyword(s):  
Service Providers ◽  
Case Law ◽  
Online Service ◽  
Trademark Law ◽  
Trademark Infringement ◽  
Scope Of Application ◽  
The Right ◽  
Secondary Liability ◽  
Online Service Providers ◽  
The U.S

Secondary liability, according to the general rules on liability, is based on the issue of conscientiousness, in other words whether the intermediary knew or should have known that the right was infringed through his service. In U.S. law, the secondary liability standard is a result of case law. This paper presents the evolution of case law regarding the interpretation of secondary liability standard in U.S. trademark law. This standard was announced by the U.S. Supreme Court in Inwood Laboratories Inc. v. Ives Laboratories Inc. regarding the liability of manufacturers and distributors. In the decades that followed, the U.S. Courts, with their creative interpretations, extended the scope of application of this standard, first to intermediary market operators, and later to online service providers (internet intermediaries). Also, the development of digital technology has influenced the case law to adapt the secondary liability standard for trademark infringement to the new circumstances in the digital environment. The most significant cases in this context are Hard Rock Café Licensing v. Concession Services, Inc., Tiffany Inc. v. eBay Inc. and Rosetta Stone Ltd. v. Google Inc. Finally, 1-800 Contacts, Inc. v. Lens.com, Inc. demonstrates a slight turn of the U.S. Courts' practices towards a more flexible interpretation of secondary liability standard to online service providers.

Does the Internet Increase Fundraising Revenues of Nonprofit Organizations?

2011 ◽  
pp. 293-308
Author(s):  
Yasin Ozcelik
Keyword(s):  
Nonprofit Organizations ◽  
Economic Model ◽  
Traditional Method ◽  
Service Providers ◽  
The Internet ◽  
Online Service ◽  
Electronic Environment ◽  
Online Service Providers

Nonprofit organizations have been using the Internet for disseminating information about themselves, interacting with potential donors, and fundraising. In this chapter, we focus on online service providers for nonprofits (OSPNs) that bring donors and nonprofits together in an electronic environment to help them find a suitable match. We investigate the effects of OSPNs on the outcomes of fundraising markets by developing an economic model. We compare the total net revenues of nonprofits competing for donations in two different settings: while nonprofits in the first market use both the traditional fundraising techniques and the services provided by OSPNs, those in the second market implement the traditional method only. We derive analytical conditions under which the first setting provides better outcomes than the second one can generate.

Effects of Online Service Providers for Nonprofits on Fundraising Markets

2009 ◽  
Vol 1 (4) ◽  
pp. 15-32 ◽  
Author(s):  
Yasin Ozcelik
Keyword(s):  
Economic Model ◽  
Traditional Method ◽  
Service Providers ◽  
The Internet ◽  
Online Service ◽  
Electronic Environment ◽  
Online Service Providers ◽  
The Way

The Internet is transforming the way nonprofits have been disseminating information about themselves, interacting with potential donors, and fundraising. In this article, the authors focus on a special type of online service providers for nonprofits (OSPNs) that bring donors and nonprofits together in an electronic environment to help them find a suitable match. The authors investigate the effects of OSPNs on the outcomes of fundraising markets by developing an economic model. They compare the total net revenues of nonprofits competing for donations in two different settings: while nonprofits in the first market use both the traditional fundraising techniques and the services provided by OSPNs, those in the second market implement the traditional method only. They derive analytical conditions under which the first setting provides better outcomes than the second one can generate.

scholarly journals Beyond “I Agree”: Users’ Understanding of Web Site Terms of Service

2020 ◽  
Vol 6 (1) ◽  
pp. 205630511989732
Author(s):  
Eric P. Robinson ◽  
Yicheng Zhu
Keyword(s):  
Social Media ◽  
Web Site ◽  
Service Providers ◽  
Elaboration Likelihood Model ◽  
Legal Rights ◽  
Elaboration Likelihood ◽  
Online Service ◽  
Intended Meaning ◽  
Likelihood Model ◽  
Online Service Providers

Whether they know it or not, the legal rights and responsibilities of users of websites and services, including social media, are defined and controlled by the terms of service of these online service providers. But despite the importance of these provisions, studies have shown that users rarely review terms of service, or think about their meaning. This study took advantage of a major website’s “simplification” of its terms of service to determine whether the changed language increased users’ understanding of the intended meaning of the terms of service. Using the Elaboration Likelihood Model, we evaluate the effectiveness of simplification of terms of service as a method to encourage users’ understanding on these terms.

AppAware: a policy visualization model for mobile applications

2020 ◽  
Vol 28 (1) ◽  
pp. 116-132
Author(s):  
Ioannis Paspatis ◽  
Aggeliki Tsohou ◽  
Spyros Kokolakis
Keyword(s):  
Mobile Device ◽  
Mobile Applications ◽  
Design Methodology ◽  
Service Providers ◽  
Smart Device ◽  
Online Service ◽  
Privacy Policies ◽  
Content Type ◽  
Online Service Providers ◽  
Common User

Purpose Privacy policies emerge as the main mechanism to inform users on the way their information is managed by online service providers, and still remain the dominant approach for this purpose. The literature notes that users find difficulties in understanding privacy policies because they are usually written in technical or legal language even, although most users are unfamiliar with them. These difficulties have led most users to skip reading privacy policies and blindly accept them. This study aims to address this challenge this paper presents AppAware, a multiplatform tool that intends to improve the visualization of privacy policies for mobile applications. Design/methodology/approach AppAware formulates a visualized report with the permission set of an application, which is easily understandable by a common user. AppAware aims to bridge the difficulty to read privacy policies and android’s obscure permission set with a new privacy policy visualization model. Thus, we propose AppAware parser, a mobile add-on that acts complementary with AppAware and helps mobile device users to monitor the applications they installed to their smart device. Findings To validate AppAware, the authors conducted a survey through questionnaire aiming to evaluate AppAware in terms of installability, usability and viability-purpose. The results demonstrate that AppAware is assessed above average by the users in all categories. Originality/value In the best of the authors’ knowledge, there is no such approach as AppAware as an application nor AppAware parser as add-on.

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