scholarly journals Is Genericness Still Adequately Defined? Internet Search Firms and the Economic Rationale for Trademarks

2021 ◽  
pp. 016224392110554
Author(s):  
Cameron Shackell

Landes and Posner’s highly cited economics of trademark law based on search cost reduction has influenced economists, legislators, and courts for decades. Their account, however, predates consumer use of the Internet for search and did not anticipate the rise of firms such as Google to economy-wide power in search. Consequently, trademark law intended to help consumers find a preferred brand now also protects the means they typically use. An outdated view of trademarks as a natural and equitable right––very scrutable to STS––has led to Internet search firms owning reflexive “marks for finding other marks,” a structural advantage they have exploited through new dynamic and microtargeted forms of advertising into technoscientific rentiership. This paper revises Landes and Posner’s model to fit the case of an economy containing dominant firms with significant economy-wide search cost reduction power, adding (1) differentiation of technological elements of the original formal model and (2) analysis of the distribution and function of marks such as GOOGLE in consumer decision-making. The updated theory shows that marks granted to search firms are equivalent to generic marks in economic effect and constitute a new but unrecognized class that are functionally “super-generic.”

2013 ◽  
Vol 135 (10) ◽  
Author(s):  
Brian Sylcott ◽  
Jonathan Cagan ◽  
Golnaz Tabibnia

This work investigates how consumers make preference judgments when taking into account both product form and function. In prior work, where aesthetic preference is quantified using visual conjoint methods, aesthetic preference and functional preference were handled separately. Here, we introduce a new methodology, metaconjoint analysis, for testing the hypothesis that when consumers make decisions taking into account both a product's form and its function they employ a more complex decision-making strategy than when basing their decisions on form or function alone. We anticipate that this strategy will involve both analytical and emotional processes. When compared with participant ratings of form and function combinations across 28 subjects, the metaconjoint model is shown to have a correlation that was not statistically different from an additive model of form and function. However, unlike the additive model, the metaconjoint model gave additional information about how participants make tradeoffs between form and function. Next, we developed a novel paradigm using functional magnetic resonance imaging (fMRI) to determine what parts of the brain are primarily involved with a given tradeoff between form and function. While in the scanner, study participants were asked to make decisions in trials where only form varied, where only function varied, and where both form and function varied. Results from 14 participants suggest that choices based on products that vary in both form and function involve some unique and some common brain networks as compared to choices based on form or function alone; notably, emotion-related regions are activated during these complex decisions where form and function are in conflict. These results are consistent with the inclusion of emotion in decision-making with regards to product choice and demonstrate the feasibility of using fMRI to address questions about the mental processes underlying consumer decisions. Studying preference decisions together with their accompanying neurological activity will give engineers and designers greater insight into the consumer decision-making process.


2012 ◽  
Vol 39 (2) ◽  
pp. 1176-1198 ◽  
Author(s):  
Federico Boffa ◽  
Marianna Succurro

2003 ◽  
Vol DMTCS Proceedings vol. AB,... (Proceedings) ◽  
Author(s):  
Christopher L. Barrett ◽  
Harry Hunt ◽  
Madhav V. Marathe ◽  
S. S. Ravi ◽  
Daniel J. Rosenkrantz ◽  
...  

International audience A class of finite discrete dynamical systems, called Sequential Dynamical Systems (SDSs), was introduced in [BR99] as a formal model for analyzing simulation systems. Here, we address the complexity of two basic problems and their generalizations for SDSs.Given an SDS $\mathcal{S}$ and a configuration $\mathcal{C}$, the PREDECESSOR EXISTENCE (or PRE) problem is to determine whether there is a configuration $\mathcal{C}'$ such that $\mathcal{S}$ has a transition from $\mathcal{C}'$ to $\mathcal{C}$. Our results provide separations between efficiently solvable and computationally intractable instances of the PRE problem. For example, we show that the PRE problem can be solved efficiently for SDSs with Boolean state values when the node functions are symmetric and the underlying graph is of bounded tree width. In contrast, we show that allowing just one non-symmetric node function renders the problem $\mathbf{NP}$-complete even when the underlying graph is a star (which has a tree width of 1). Our results extend some of the earlier results by Sutner [Su95] and Green [Gr87] on the complexity of the PREDECESSOR EXISTENCE problem for 1-dimensional cellular automata.Given two configurations $\mathcal{C}$ and $\mathcal{C}'$ of a partial SDS $\mathcal{S}$, the PERMUTATION EXISTENCE (or PME) problem is to determine whether there is a permutation of nodes such that $\mathcal{S}$ has a transition from $\mathcal{C}'$ to $\mathcal{C}$ in one step. We show that the PME problem is $\mathbf{NP}$-complete even when the function associated with each node is a simple-threshold function. We also show that the problem can be solved efficiently for SDSs whose underlying graphs are of bounded degree and bounded tree width. We consider a generalized version (GEN-PME) of the PME problem and show that the problem is $\mathbf{NP}$-complete for SDSs where each node function is NOR and the underlying graph has a maximum node degree of 3. When each node computes the OR function or when each node computes the AND function, we show that the GEN-PME problem is solvable in polynomial time.


Author(s):  
M. Boublik ◽  
W. Hellmann ◽  
F. Jenkins

The present knowledge of the three-dimensional structure of ribosomes is far too limited to enable a complete understanding of the various roles which ribosomes play in protein biosynthesis. The spatial arrangement of proteins and ribonuclec acids in ribosomes can be analysed in many ways. Determination of binding sites for individual proteins on ribonuclec acid and locations of the mutual positions of proteins on the ribosome using labeling with fluorescent dyes, cross-linking reagents, neutron-diffraction or antibodies against ribosomal proteins seem to be most successful approaches. Structure and function of ribosomes can be correlated be depleting the complete ribosomes of some proteins to the functionally inactive core and by subsequent partial reconstitution in order to regain active ribosomal particles.


Author(s):  
S. K. Pena ◽  
C. B. Taylor ◽  
J. Hill ◽  
J. Safarik

Introduction: Oxidized cholesterol derivatives have been demonstrated in various cell cultures to be very potent inhibitors of 3-hvdroxy-3- methylglutaryl Coenzyme A reductase which is a principle regulator of cholesterol biosynthesis in the cell. The cholesterol content in the cells exposed to oxidized cholesterol was found to be markedly decreased. In aortic smooth muscle cells, the potency of this effect was closely related to the cytotoxicity of each derivative. Furthermore, due to the similarity of their molecular structure to that of cholesterol, these oxidized cholesterol derivatives might insert themselves into the cell membrane, alter membrane structure and function and eventually cause cell death. Arterial injury has been shown to be the initial event of atherosclerosis.


Author(s):  
Caroline A. Miller ◽  
Laura L. Bruce

The first visual cortical axons arrive in the cat superior colliculus by the time of birth. Adultlike receptive fields develop slowly over several weeks following birth. The developing cortical axons go through a sequence of changes before acquiring their adultlike morphology and function. To determine how these axons interact with neurons in the colliculus, cortico-collicular axons were labeled with biocytin (an anterograde neuronal tracer) and studied with electron microscopy.Deeply anesthetized animals received 200-500 nl injections of biocytin (Sigma; 5% in phosphate buffer) in the lateral suprasylvian visual cortical area. After a 24 hr survival time, the animals were deeply anesthetized and perfused with 0.9% phosphate buffered saline followed by fixation with a solution of 1.25% glutaraldehyde and 1.0% paraformaldehyde in 0.1M phosphate buffer. The brain was sectioned transversely on a vibratome at 50 μm. The tissue was processed immediately to visualize the biocytin.


Author(s):  
J. Metz ◽  
M. Merlo ◽  
W. G. Forssmann

Structure and function of intercellular junctions were studied under the electronmicroscope using conventional thin sectioning and freeze-etch replicas. Alterations of tight and gap junctions were analyzed 1. of exocrine pancreatic cells under cell isolation conditions and pancreatic duct ligation and 2. of hepatocytes during extrahepatic cholestasis.During the different steps of cell isolation of exocrine pancreatic cells, gradual changes of tight and gap junctions were observed. Tight junctions, which formed belt-like structures around the apex of control acinar cells in situ, subsequently diminished, became interrupted and were concentrated into macular areas (Fig. 1). Aggregations of membrane associated particles, which looked similar to gap junctions, were intermixed within tight junctional areas (Fig. 1). These structures continously disappeared in the last stages of the isolation procedure. The intercellular junctions were finally separated without destroying the integrity of the cell membrane, which was confirmed with porcion yellow, lanthanum chloride and horse radish peroxidase.


Author(s):  
M. Boublik ◽  
R.M. Wydro ◽  
W. Hellmann ◽  
F. Jenkins

Ribosomes are ribonucleoprotein particles necessary for processing the genetic information of mRNA into proteins. Analogy in composition and function of ribosomes from diverse species, established by biochemical and biological assays, implies their structural similarity. Direct evidence obtained by electron microscopy seems to be of increasing relevance in understanding the structure of ribosomes and the mechanism of their role in protein synthesis.The extent of the structural homology between prokaryotic and eukaryotic ribosomes has been studied on ribosomes of Escherichia coli (E.c.) and Artemia salina (A.s.). Despite the established differences in size and in the amount and proportion of ribosomal proteins and RNAs both types of ribosomes show an overall similarity. The monosomes (stained with 0.5% aqueous uranyl acetate and deposited on a fine carbon support) appear in the electron micrographs as round particles with a diameter of approximately 225Å for the 70S E.c. (Fig. 1) and 260Å for the 80S A.s. monosome (Fig. 2).


Author(s):  
D.J. Lim ◽  
W.C. Lane

The morphology and function of the vestibular sensory organs has been extensively studied during the last decade with the advent of electron microscopy and electrophysiology. The opening of the space age also accelerated active investigation in this area, since this organ is responsible for the sensation of balance and of linear, angular and gravitational acceleration.The vestibular sense organs are formed by the saccule, utricle and three ampullae of the semicircular canals. The maculae (sacculi and utriculi) have otolithic membranes on the top of the sensory epithelia. The otolithic membrane is formed by a layer of thick gelatin and sand-piles of calcium carbonate crystals (Fig.l).


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