scholarly journals Trademark.com: Trademark Law in Cyberspace

1969 ◽  
pp. 991
Author(s):  
Lisa Katz Jones
Keyword(s):  
United States ◽  
The United States ◽  
Legal Issues ◽  
Domain Name ◽  
Trademark Law ◽  
Domain Names ◽  
The United Kingdom ◽  
Detailed Explanation ◽  
Internet Users ◽  
Significant Difference

his article examines the current issues in trademark law surrounding internet domain names. The author introduces the topic with a detailed explanation of the use and purpose of domain names, the significance of the various levels in domain names and how domain names compare and contract mth IP addresses. Of significant difference is the use of words and names in domain names. Organizations often use recognizable and familiar names to improve the chance Internet users will access their websites. Trademark issues are sparked by the battle to obtain and/or retain these highly sought after domain names. The author discusses the areas of conflict when: I) a domain name is registered by an individual who has no connection with the mark, 2) two or more organizations have claims to the same domain name, 3) one domain name is confusingly similar to another, and 4) when second level domain names can be assigned to multiple first level domain names. Two essential legal issues are identified: whether domain names are protectable as trademarks and whether a domain name can violate a trademark. Courts have used the analogy of telephone mnemonics to help answer these issues in favour of recognizing mnemonics as a protectable trademark, although there is split authority on how much protection can be given to domain names that incorporate generic terms. Trends in litigation in the United States, Canada, and the United Kingdom are discussed. Despite the de facto judicial power given to NSIfor dispute resolution, the author identifies fundamental flaws of the NSI policy owing the current controversies over Internet domain names. The article concludes with a discussion of several major proposals to implement changes regarding domain names allocation.

Substituting a Judgment of Best Interests: Dignity and the Application of Objective Principles to PVS Cases in the U.K.

2005 ◽  
Vol 12 (4) ◽  
pp. 335-345 ◽  
Author(s):  
Geoffrey Pradella
Keyword(s):  
United States ◽  
The United States ◽  
Legal Issues ◽  
Best Interests ◽  
Substituted Judgment ◽  
Abortion Debate ◽  
The United Kingdom ◽  
National Legislatures

AbstractThe mêlée that surrounded the last days of Terri Schiavo's life was reminiscent of a classical Greek tragedy. Much like Antigone, Ms. Schiavo became enmeshed in irresistible and opposite forces, resolved to use her situation as an arena for the determination of political and legal issues as diverse as the exercise of states' rights, the extent of individual rights, the role of the judiciary, the re-opening of the abortion debate, and the regulation of stem cell research. As Europeans watched the drama unfold, the forces at play in the United States clashed head-on, in a rhetorically inflammatory spectacle which, on this side of the Atlantic, left many aghast. Most unsettling was the prospect of individuals wielding the power of state and national legislatures in what was, ultimately, an intensely personal affair.In the United Kingdom, the struggle was a stark reminder of the differences, not only between British and American political culture, but between our approaches to legal issues which present themselves at the end of life. The existence of well-established procedures and principles, and the extensive involvement of neutral third parties and the courts in pursuit of an objective determination of an individual patient's 'best interests', are key to the conclusion that Terri Schiavo's case would have been handled at least as effectively and efficiently as it was by the courts in Florida and the United States. That issues of consent and capacity can be determined by British courts on the basis of generally applicable principles leads to the subsequent conclusion that a 'best interests' determination leaves significantly less scope for conflict than the individualistic, much more personal and determinative construct of the 'substituted judgment' test in the United States.

scholarly journals Online Readability of COVID-19 Health Information: a Comparison between Four English Speaking Countries

2020 ◽  
Author(s):  
Amy P Worrall ◽  
Mary J Connolly ◽  
Aine O'Neill ◽  
Murray O'Doherty ◽  
Kenneth P Thornton ◽  
...  
Keyword(s):  
United States ◽  
United Kingdom ◽  
Health Information ◽  
General Public ◽  
Information Source ◽  
The United States ◽  
Online Information ◽  
The United Kingdom ◽  
Significant Difference ◽  
English Speaking

Abstract Introduction: The internet is now the first line source of health information for many people worldwide. In the current Coronavirus Disease 2019 (COVID-19) global pandemic, health information is being produced, revised, updated and disseminated at an increasingly rapid rate. The general public are faced with a plethora of misinformation regarding COVID-19 and the readability of online information has an impact on their understanding of the disease. The accessibility of online healthcare information relating to COVID-19 is unknown. We sought to evaluate the readability of online information relating to COVID-19 in four English speaking regions: Ireland, the United Kingdom, Canada and the United States, and compare readability of website source provenance and regional origin.Methods: The Google® search engine was used to collate the first twenty webpage URLs for three individual searches for ‘COVID’, ‘COVID-19’, and ‘coronavirus’ from Ireland, the United Kingdom, Canada and the United States. The Gunning Fog Index (GFI), Flesch-Kincaid Grade (FKG) Score, Flesch Reading Ease Score (FRES), Simple Measure of Gobbledygook (SMOG) score were calculated to assess the readability. Results: There were poor levels of readability webpages reviewed, with only 17.2% of webpages at a universally readable level. There was a significant difference in readability between the different webpages based on their information source (p <0.01). Public Health organisations and Government organisations provided the most readable COVID-19 material, while digital media sources were significantly less readable. There were no significant differences in readability between regions. Conclusion: Much of the general public have relied on online information during the pandemic. Information on COVID-19 should be made more readable, and those writing webpages and information tools should ensure universal accessibility is considered in their production. Governments and healthcare practitioners should have an awareness of the online sources of information available, and ensure that readability of our own productions is at a universally readable level which will increase understanding and adherence to health guidelines.

scholarly journals Doctor in the sky: Medico-legal issues during in-flight emergencies

2017 ◽  
Vol 17 (1-2) ◽  
pp. 65-98 ◽  
Author(s):  
Marcus Wong
Keyword(s):  
United States ◽  
United Kingdom ◽  
Legal Protection ◽  
Case Law ◽  
The United States ◽  
Legal Issues ◽  
The United Kingdom ◽  
Legal Provisions ◽  
Medical Emergencies

More people are travelling by air and in-flight medical emergencies are becoming more common. Some in-flight emergencies require assistance from passenger doctors who act as good Samaritans in the sky. Their liability and the associated medico-legal issues of providing assistance in mid-flight emergencies are unknown. Although provisions exist in theory about good Samaritans on the ground, it is unclear to what extent these doctrines are applicable to good Samaritans in the sky. This article examines the obligations, liability and legal protection of doctors when acting as good Samaritans in mid-flight emergencies, regardless of their nationalities. It examines the jurisdiction, existing legislations, case law in the United Kingdom and compares with their equivalence in the United States and to some extent, with the legal provisions in France. In addition to in-flight emergencies, this article reviews airlines’ liability for injuries sustained by passengers during flight. It is concluded that doctors’ liability is unclear and uncertain, their legal protection is inadequate and inconsistent; airlines’ liability is restricted by the courts. Reforms proposed include legislative enactment and extension of commercial airliners’ insurance to accord the deficient legal protection.

Current Approaches to Federal E-Government

2011 ◽  
pp. 265-270
Author(s):  
M. E. Chen ◽  
C. K. Davis
Keyword(s):  
United States ◽  
Developed Countries ◽  
The United States ◽  
Government Information ◽  
Government Programs ◽  
The United Kingdom ◽  
Internet Users ◽  
The Creation ◽  
The Government ◽  
Privacy Issues

The U.S. government is making strides to provide electronic access to government agencies and services. A variety of issues are involved when implementing e-government programs such as electronic tax filing, access to drug information, and so forth. Financial, technical, personnel, and legal issues are common. Privacy issues in the creation of e-government are also of interest to both the e-government implementer and citizen. There are a variety of issues in planning and implementing projects of the scope and magnitude of e-government. Issues such as user requirements, organizational change, government regulations, and politics, as well as descriptions of planning and implementation frameworks, are important. Experience in developed countries shows that it is not difficult for people to imagine a situation where all interaction can be done 24 hours each day, 7 days each week. Many countries, including the United States, France, Australia, Greece, Canada, Singapore, and Italy have been offering government services online (West, 2004). According to Sharma and Gupta (2003), Canada, Singapore, and the United States are categorized as “innovative leaders” (p. 34) whose continued leadership in the creation of e-government and more mature online services sets them apart from other countries. Canada leads the way in e-government innovation while Singapore, the United States, Australia, Denmark, the United Kingdom, Finland, Germany, and Ireland are countries in the top-10 list. Several Asian countries such as China, Hong Kong, India, Japan, Philippines, Indonesia, Thailand, Bangladesh, and Burma have initiated the concept of e-government as well (Dodgson, 2001). An article in Federal Computer Week (Perera, 2004) reported findings of a recent poll indicating that 77% of Internet users (or some 97 million people) in the United States have gone online for government information. E-government is rapidly becoming a key priority of the government of the United States.

scholarly journals Readability of Online COVID-19 Health Information: A Comparison between Four English Speaking Countries

2020 ◽  
Author(s):  
Amy P Worrall ◽  
Mary J Connolly ◽  
Aine O'Neill ◽  
Murray O'Doherty ◽  
Kenneth P Thornton ◽  
...  
Keyword(s):  
United States ◽  
United Kingdom ◽  
Health Information ◽  
General Public ◽  
Information Source ◽  
The United States ◽  
Online Information ◽  
The United Kingdom ◽  
Significant Difference ◽  
English Speaking

Abstract Background: The internet is now the first line source of health information for many people worldwide. In the current Coronavirus Disease 2019 (COVID-19) global pandemic, health information is being produced, revised, updated and disseminated at an increasingly rapid rate. The general public are faced with a plethora of misinformation regarding COVID-19 and the readability of online information has an impact on their understanding of the disease. The accessibility of online healthcare information relating to COVID-19 is unknown. We sought to evaluate the readability of online information relating to COVID-19 in four English speaking regions: Ireland, the United Kingdom, Canada and the United States, and compare readability of website source provenance and regional origin.Methods: The Google® search engine was used to collate the first twenty webpage URLs for three individual searches for ‘COVID’, ‘COVID-19’, and ‘coronavirus’ from Ireland, the United Kingdom, Canada and the United States. The Gunning Fog Index (GFI), Flesch-Kincaid Grade (FKG) Score, Flesch Reading Ease Score (FRES), Simple Measure of Gobbledygook (SMOG) score were calculated to assess the readability. Results: There were poor levels of readability webpages reviewed, with only 17.2% of webpages at a universally readable level. There was a significant difference in readability between the different webpages based on their information source (p <0.01). Public Health organisations and Government organisations provided the most readable COVID-19 material, while digital media sources were significantly less readable. There were no significant differences in readability between regions. Conclusion: Much of the general public have relied on online information during the pandemic. Information on COVID-19 should be made more readable, and those writing webpages and information tools should ensure universal accessibility is considered in their production. Governments and healthcare practitioners should have an awareness of the online sources of information available, and ensure that readability of our own productions is at a universally readable level which will increase understanding and adherence to health guidelines.

scholarly journals Readability of online COVID-19 health information: a comparison between four English speaking countries

2020 ◽  
Vol 20 (1) ◽  
Author(s):  
Amy P. Worrall ◽  
Mary J. Connolly ◽  
Aine O’Neill ◽  
Murray O’Doherty ◽  
Kenneth P. Thornton ◽  
...  
Keyword(s):  
United States ◽  
United Kingdom ◽  
Health Information ◽  
General Public ◽  
Information Source ◽  
The United States ◽  
Online Information ◽  
The United Kingdom ◽  
Significant Difference ◽  
English Speaking

Abstract Background The internet is now the first line source of health information for many people worldwide. In the current Coronavirus Disease 2019 (COVID-19) global pandemic, health information is being produced, revised, updated and disseminated at an increasingly rapid rate. The general public are faced with a plethora of misinformation regarding COVID-19 and the readability of online information has an impact on their understanding of the disease. The accessibility of online healthcare information relating to COVID-19 is unknown. We sought to evaluate the readability of online information relating to COVID-19 in four English speaking regions: Ireland, the United Kingdom, Canada and the United States, and compare readability of website source provenance and regional origin. Methods The Google® search engine was used to collate the first 20 webpage URLs for three individual searches for ‘COVID’, ‘COVID-19’, and ‘coronavirus’ from Ireland, the United Kingdom, Canada and the United States. The Gunning Fog Index (GFI), Flesch-Kincaid Grade (FKG) Score, Flesch Reading Ease Score (FRES), Simple Measure of Gobbledygook (SMOG) score were calculated to assess the readability. Results There were poor levels of readability webpages reviewed, with only 17.2% of webpages at a universally readable level. There was a significant difference in readability between the different webpages based on their information source (p < 0.01). Public Health organisations and Government organisations provided the most readable COVID-19 material, while digital media sources were significantly less readable. There were no significant differences in readability between regions. Conclusion Much of the general public have relied on online information during the pandemic. Information on COVID-19 should be made more readable, and those writing webpages and information tools should ensure universal accessibility is considered in their production. Governments and healthcare practitioners should have an awareness of the online sources of information available, and ensure that readability of our own productions is at a universally readable level which will increase understanding and adherence to health guidelines.

Current Approaches to Federal E-Government

2011 ◽  
pp. 298-305 ◽  
Author(s):  
Melinda E. Chen ◽  
Charles K. Davis
Keyword(s):  
United States ◽  
Developed Countries ◽  
The United States ◽  
Government Information ◽  
Government Programs ◽  
The United Kingdom ◽  
Internet Users ◽  
The Creation ◽  
The Government ◽  
Privacy Issues

The U.S. government is making strides to provide electronic access to government agencies and services. A variety of issues are involved when implementing e-government programs such as electronic tax filing, access to drug information, and so forth. Financial, technical, personnel, and legal issues are common. Privacy issues in the creation of e-government are also of interest to both the e-government implementer and citizen. There are a variety of issues in planning and implementing projects of the scope and magnitude of e-government. Issues such as user requirements, organizational change, government regulations, and politics, as well as descriptions of planning and implementation frameworks, are important. Experience in developed countries shows that it is not difficult for people to imagine a situation where all interaction can be done 24 hours each day, 7 days each week. Many countries, including the United States, France, Australia, Greece, Canada, Singapore, and Italy have been offering government services online (West, 2004). According to Sharma and Gupta (2003), Canada, Singapore, and the United States are categorized as “innovative leaders” (p. 34) whose continued leadership in the creation of e-government and more mature online services sets them apart from other countries. Canada leads the way in e-government innovation while Singapore, the United States, Australia, Denmark, the United Kingdom, Finland, Germany, and Ireland are countries in the top-10 list. Several Asian countries such as China, Hong Kong, India, Japan, Philippines, Indonesia, Thailand, Bangladesh, and Burma have initiated the concept of e-government as well (Dodgson, 2001). An article in Federal Computer Week (Perera, 2004) reported findings of a recent poll indicating that 77% of Internet users (or some 97 million people) in the United States have gone online for government information. E-government is rapidly becoming a key priority of the government of the United States.

Exporting Trademark Confusion

2011 ◽  
pp. 113-160
Author(s):  
Ann Bartow
Keyword(s):  
Free Speech ◽  
The United States ◽  
Domain Name ◽  
Trademark Law ◽  
Domain Names ◽  
Trademark Infringement ◽  
Likelihood Of Confusion ◽  
Trademark Dilution ◽  
Typical Consumer

A judicial determination of “likelihood of confusion” is the linchpin of successful trademark infringement actions in the United States, and is often useful to prevail on a trademark dilution cause of action as well. Such determinations are exceedingly subjective, and often seem premised on a very low estimation of the intelligence and powers of discernment of the typical consumer. Many appear virtually pretextual, simply adopted as a necessary step in “protecting” trademarks and according trademark holders broad property-like rights that can impair competition and silence free speech. Though seemingly irrational and generally socially undesirable, U.S. “likelihood of confusion” jurisprudence has gained a foothold in cyberspace through dispute-resolution procedures addressing disputes about Internet domain names. In consequence, trademark holders generally prevail and are increasingly seen as holding inchoate rights in any domain name containing, alluding to, or similar to their trademarks across the globe, even though U.S. trademark law logically should not have extraterritorial application.

scholarly journals Could telemedicine generate.med as top-level domain name?

2004 ◽  
Vol 12 (2) ◽  
pp. 124-126
Author(s):  
Svetozar Zdravkovic
Keyword(s):  
United States ◽  
United States Of America ◽  
The United States ◽  
Current Situation ◽  
Domain Name ◽  
Domain Names ◽  
A Current

The article presents a consideration of top-level domain names and possibility that telemedicine generates top-level domain name for medicine itself. Using the United States of America domain, the article has tried to explain all the most important facts about top-level domain names. It has also presents a current situation about responsibility in this sector and the mode to adopt new top-level domains.

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