scholarly journals Can Trademark Infringement Be a Victimless Crime? The Stone Creek v. Omnia Case

2018 ◽  
Vol 1 (2) ◽  
pp. 41
Author(s):  
Doug Bania

This article examines a case in which the defendants had made unauthorized use of the plaintiff’s trademark but were nonetheless able to successfully defend themselves against the awarding of monetary damages. As it shows, to claim damages, trademark holders must demonstrate actual harm to their reputation or loss of potential profits. It describes the methods used by the author to determine the actual effect of the infringement, which included analyzing information regarding the defendants’ intentions and the parties’ industry and the findings of a consumer survey and of Internet search and social media analytic tools. The article argues for the importance of understanding the particularities of a given case and marketplace and the utility of readily available and inexpensive Internet analytic tools.

2021 ◽  
Vol 3 (1) ◽  
pp. 14-25
Author(s):  
Sónia Ferreira ◽  
Sara Santos ◽  
Pedro Espírito Santo

The internet search trend has caused that online users are looking for more and more enriched information. The evolution of social media has been huge and users relate to social networks differently than they did before. Currently, there are more than 4 billion active users on social networks and brands are looking to showcase their products and services. Our research found the following factors that influence social media engagement: informativeness, self-connection and advertising stimulation. Through literature review, we propose a conceptual model that has been tested in the PLS-SEM. Data were collected from 237 consumers and our survey found that engagement in social media is explained by the variables identified by our model. Important contributions to brand theory and management will be found in this investigation.


2020 ◽  
Vol 1 (1) ◽  
pp. 1
Author(s):  
Budi Harto ◽  
Rita Komalasari

Almost everyone now has been searching for anything through internet search engines such as Google, e-commerce sites / buying and selling sites, and social media. This online internet marketing program can be started by SMEs easily, several ways that can be applied are by making Google My Business, Google Website, E-Commerce Shopee, and Social media such as Facebook and Instagram. Little Rose as an Indonesian SME that manufactures various kinds of fabric crafts made from fabric makes it has a lot of opportunities to become a marketable product, unfortunately the lack of marketing activities makes it still not widely known. Little Rose needs a new market in order to increase revenue, expand businesses, and create new jobs. After this training, the Little Rose team can still be given further training on the platforms that have been provided. In the future if there is already a budget for marketing, it would be better to create a website with a better appearance, e-commerce sites can be upgraded to become paid if there are already many products, and use social media ads to advertise Little Rose even further Keywords: Internet Marketing, Online Marketing, UMKM, SME


2018 ◽  
Author(s):  
Marian Taylor Dorst ◽  
Shilo H Anders ◽  
Sai Chennupati ◽  
Qingxia Chen ◽  
Gretchen Purcell Jackson

BACKGROUND The quality and quantity of families’ support systems during pregnancy can affect maternal and fetal outcomes. The support systems of expecting families can include many elements, such as family members, friends, and work or community groups. Emerging health information technologies (eg, social media, internet websites, and mobile apps) provide new resources for pregnant families to augment their support systems and to fill information gaps. OBJECTIVE This study sought to determine the number and nature of the components of the support systems of pregnant women and their caregivers (eg, family members) and the role of health information technologies in these support systems. We examined the differences between pregnant women’s support systems and those of their caregivers and the associations between support system composition and stress levels. METHODS We enrolled pregnant women and caregivers from advanced maternal-fetal and group prenatal care clinics. Participants completed surveys assessing sociodemographic characteristics, health literacy, numeracy, and stress levels and were asked to draw a picture of their support system. Support system elements were extracted from drawings, categorized by type (ie, individual persons, groups, technologies, and other) and summarized for pregnant women and caregivers. Participant characteristics and support system elements were compared using the Pearson chi-square test for categorical variables and Wilcoxon ranked sum test for continuous variables. Associations between support system characteristics and stress levels were measured with Spearman correlation coefficient. RESULTS The study enrolled 100 participants: 71 pregnant women and 29 caregivers. The support systems of pregnant women were significantly larger than those of caregivers—an average of 7.4 components for pregnant women and 5.4 components for caregivers (P=.003). For all participants, the most commonly reported support system elements were individual persons (408/680, 60.0%), followed by people groups (132/680, 19.4%), technologies (112/680, 16.5%), and other resources (28/680, 4.1%). Pregnant women’s and caregivers’ technology preferences within their support systems differed—pregnant women more often identified informational websites, apps, and social media as parts of their support systems, whereas caregivers more frequently reported general internet search engines. The size and components of these support systems were not associated with levels of stress. CONCLUSIONS This study is one of the first demonstrating that technologies comprise a substantial portion of the support systems of pregnant women and their caregivers. Pregnant women more frequently reported specific medical information websites as part of their support system, whereas caregivers more often reported general internet search engines. Although social support is important for maternal and fetal health outcomes, no associations among stress, support system size, and support system components were found in this study. As health information technologies continue to evolve and their adoption increases, their role in patient and caregiver support systems and their effects should be further explored.


2020 ◽  
Vol 20 (1) ◽  
Author(s):  
Ehsan Nabovati ◽  
Mehrdad Farzandipour ◽  
Marzieh Heidarzadeh Arani ◽  
Hossein Akbari ◽  
Reihane Sharif ◽  
...  

Abstract Background Mobile health (mHealth) has good potential for promoting self-care in patients suffering from chronic diseases. The patients' positive attitude toward this technology is a key factor for the successful implementation. The present study was conducted to investigate the asthma patients' use of mobile phone functionalities and their desire to receive self-care services through this technology. Methods This survey study was conducted in Iran in 2018. The study population consisted of 146 patients suffering from asthma. The data collection tool was a questionnaire containing items on the demographic characteristics of patients, current use of mobile phone functionalities, and desire to use them for receiving self-care services. Data were analyzed using descriptive and analytical statistics. Results Out of the 160 questionnaires distributed, 146 (91.25%) were completed. The majority of the participants had smartphones (84.9%). Less than half of the participants occasionally used mobile phone functionalities including mobile phone calls (42.5%) and mobile Internet (40.4%) to receive asthma-related information. A significant number of the participants had never used smartphone applications (72.6%) and E-mail (66.4%) to receive asthma-related information. The participants had their greatest use of Internet search, followed by social media, to receive information about asthma symptoms, allergenic and irritating substances, medicinal therapy, and how to use therapy aids. The participants were most willing to use social media for receiving asthma information, communicating with other patients, receiving reminders about doctor's appointment, and receiving warnings about the lack of asthma control. Conclusion In Iran as a developing country, asthma patients use Internet search mostly to receive instructional information and are willing to use social media rather than other mobile phone functionalities to receive self-care services. These patients believe that mobile phones are appropriate for receiving instructional information and reminders.


2018 ◽  
Author(s):  
Christian-Dominik Peterlein ◽  
Maren Bosch ◽  
Nina Timmesfeld ◽  
Susanne Fuchs-Winkelmann

BACKGROUND The internet has become one of the most important sources to obtain medical and health information. Parents, whose children are affected by systemic diseases, anomalies, deformities or further orthopaedic defective positions, use the internet to increase their knowledge. OBJECTIVE There is a lack of studies with focus of parental enquiries in the internet before contacting the pediatric orthopaedic surgeon. This study shows current trends and also allows a follow up. METHODS Parental internet search was evaluated using a standardized questionnaire. General habits of internet use, local hardware equipment, age and educational background of the parents were analyzed. In particular, parental use of general medical websites, use of search machines like Google or Yahoo or the use of homepages from support groups was asked. RESULTS A total of 521 questionnaires were completed, this corresponds to a response rate of 96%. One quarter of parents attended the consultation because of a gait anomaly or foot deformity, followed by children with DDH (20%), club foot (9%) and scoliosis (6%). 87% of parents use a Smartphone to get internet access, 68% a Laptop, 55% a Tablet and 45% a Laptop. Especially parents with children with clubfoot looked for health information online (80%), followed by scoliosis 69% (n=20), DDH 67% (n=66), foot deformity / gait anomaly 49% (n= 62). 98% of those using the internet for health medical purpose made use of a search engine, 99% (n=291) of internet users searched through Google, with 44% (n=129) of them describing their research helpful. Concerning use of social media responders of clubfoot children were again the most numerous in number (38%, n=18). 10 of them stated to have exchanged with other social media users and 60% of them evaluated social media as helpful. There were 35 parents who intended to discuss the results with their pediatric orthopedic surgeon. 84% of the responders who used the internet for health research would return to the internet. CONCLUSIONS This study documents that the internet is an important source of information for parents or caregivers in the field of pediatric orthopedics and that the meaning goes even further. Treating physicians will increasingly be confronted with the results of internet research. In particular, parents whose children suffer from club feet frequently research the Internet. CLINICALTRIAL The study was conducted in accordance with the principles laid down in the Declaration of Helsinki. Prior to the investigations, an approval was secured by the local board of ethics on 8 of September 2017 (AZ 107/17).


2021 ◽  
Vol 10 (12) ◽  
pp. e307101220125
Author(s):  
Carlos Henrique Pereira da Silva ◽  
Giovanna Hanike Santos da Silva ◽  
Ilk Ramos Guerra ◽  
Jesus da Silva Carvalho ◽  
Júlia Oliveira Cruz ◽  
...  

Algorithms are increasingly used to streamline the internet search and search process, however, while facilitating this process, they can also influence people's health. Thus, it is necessary an approach about how this tool can negatively influence the well-being condition of individuals. A research was carried out in health databases, using inclusion and selection criteria for the selection of scientific articles. It was clear that the study of fluctuations in internet search terms is no longer restricted to Marketing, because large technological conglomerates already use the behavior of searches to "indicate" content to users. This expansion of territory is useful in the indication of cycles of collective interest driven mainly by the behavior of influencers, who, together with companies, promote the commodification of health and can negatively impact those who consume information. The algorithms present in social media have a negative impact on the lives of internet users. Partnerships between digital influencers and pharmaceuticals pose a risk to the health of lay individuals, as it encourages the consumption of products without medical supervision. Therefore, it is necessary that there be the continuation of scientific productions that address the doubts of users with understandable language, and thus address their questions with well-based information.


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