scholarly journals Building an Internet-Based Knowledge Ontology for Trademark Protection

2021 ◽  
Vol 29 (1) ◽  
pp. 123-144
Author(s):  
Charles V. Trappey ◽  
Ai-Che Chang ◽  
Amy J. C. Trappey

Global online sales for products, where many are substantially identical or deceptively similar, are the cause of a growing number of trademark (TM) infringement lawsuits. This research proposes an intelligent trademark legal precedent recommendation system to assist trademark owners to find relevant past cases, laws, and judgments to form legal arguments to defend against infringement. Judicial precedent and applicable laws from the USA are used to construct an ontology of trademark litigation knowledge. The ontology is used to analyze potential infringement cases with similar laws and precedents used to resolve previous legal disputes. The analysis provides a basis for proceeding with legal action necessary to protect a company's brand equity when arguing potential trademark infringement. Using the Python programming language, the precedent-based recommendation system provides a means for continuously updating trademark case data and assists TM owners to quickly identify similar cases to support infringement allegations.

2021 ◽  
Vol 13 (6) ◽  
pp. 18532-18543
Author(s):  
Sarah Heinrich ◽  
Adam Toomes ◽  
Jordi Janssen

The Philippine Sailfin Lizard (Agamidae: Hydrosaurus pustulatus) is a nationally protected Philippine endemic species.  It is threatened by habitat destruction, pollution and overexploitation for the domestic pet trade, yet less is known about the international component of the trade.  Here we investigate the international trade in Hydrosaurus spp. (H. weberi, H. amboinensis, and H. pustulatus) with an emphasis on H. pustulatus.  We analysed international seizures combined with international online sales and trade data for the United States of America (USA).  The export of H. pustulatus from the Philippines has been prohibited since 1991, except under special circumstances, yet they continue to be traded internationally, and we found evidence for trade in Asia, Europe, and North America.  Most of these animals, however, were declared to be captive-bred.  While imports to and exports from the US consisted mostly of other species of Hydrosaurus, H. pustulatus was by far the most coveted species online, with prices significantly higher for H. pustulatus than any of the other species.  While not many seizures have occurred outside the Philippines, even wild-caught individuals were found to be ‘legally’ imported to the USA – in apparent violation of the Lacey Act.   We recommend H. pustulatus to be listed in CITES Appendix III, in order for countries other than the USA to have a legal basis to seize wild-caught animals trafficked from the Philippines and to monitor trade in captive-bred specimens.  Further, we suggest the use of automated cross-referencing between imported species and the national protection status of the species’ native range states to ensure that legislation violations are detected at the point of import.


2020 ◽  
pp. tobaccocontrol-2020-055727 ◽  
Author(s):  
Hongying Dai ◽  
Jianqiang Hao

BackgroundThe US Food and Drug Administration (FDA) announced a flavour ban on cartridge-based e-cigarettes in January 2020. It is unclear whether e-cigarette users will switch to disposable vaping products with a variety of kids-appealing flavours available.MethodsWe performed piece-wise regression and autoregressive integrated moving average (ARIMA) algorithms to compare the relative search volume (RSV) of JUUL and Puff Bar (a disposable vaping product) using the 1-year Google Trends data from 24 February 2019 to 20 February 2020, separated by three events that may have spurred changes in RSV for each product.ResultsThe RSV for JUUL was relatively stable before Trump Administration announced plans to ban flavoured e-cigarettes. After that, the RSV for JUUL dropped sharply (rate of change=−8.8 per week) from 11 September 2019 to 17 October 2019 when JUUL Labs announced to halt online sales of some flavoured products, and the RSV resumed the decreasing trend after FDA announced enforcement policy of cartridge-based e-cigarettes on 2 January 2020. In comparison, the RSV for Puff Bar started to increase after 11 September 2019 with a low rate of change (0.6) until 17 October 2019. After that, the increase in RSV for Puff Bar accelerated. The RSV of puff bars surpassed that of JUUL during the week of 2 February 2020.ConclusionThe popularity of Puff Bar on Google Search suggests that users may replace cartridge-based vaping products with disposable e-cigarettes in the circumvention of the partial flavour ban. Continuous surveillance and further assessment are needed to prevent potential loopholes in tobacco regulation.


2016 ◽  
Vol 29 (3) ◽  
pp. 129-141 ◽  
Author(s):  
Melissa Fraser-Arnott

Purpose The purpose of this paper is to examine the competencies, skills and knowledge obtained through a master’s degree in library and information science (LIS) and to identify those competencies that are most valued by graduates who obtained employment in non-library roles. These observations will contribute to an understanding of the transferability of LIS education which will assist LIS professionals and educators to frame LIS competencies in a way that appeals to employers outside of library settings who may not have any knowledge of LIS education or practice. Design/methodology/approach The grounded theory methodology was used with data collection taking the form of semi-structured interviews. Interviews were between 30 and 90 min in length and included career narratives, as well as responses to particular questions about different aspects of professional identity. Participants included graduates of master’s level LIS programs employed in a variety of positions including information managers, policy analysts, human resources specialists, marketers, vendors, taxonomists, search engine designers and information consultants. The participants were employed in sectors including government, information technology, aerospace, oil and gas and retail/online sales in both Canada and the USA. Findings The participants in this study found that their LIS education was valuable to their success in a number of non-library roles. Although the specific career paths of participants were each unique and the different roles they occupied required different combinations of skills, a list of key transferable LIS competencies could be identified. These included a focus on client service, the ability to identify need, and the ability to search for information and navigate databases. In addition, several participants observed that their coursework and opportunities to participate in internships, co-operative positions or work placements prepared them for such workplace conditions as deadlines and fast-paced environments. Originality/value This study involved a population of LIS graduates whose experiences have not been extensively examined in the past. This article helps to fill a gap in the understanding of the professional experiences of LIS graduates who pursue roles outside of libraries. In addition, the semi-structured interview technique allowed for deeper understanding of participants’ perceptions of which of their competencies, skills and knowledge were valuable to employees. This information was gained through answers to specific skills-focused questions intended to identify which competencies developed during their LIS education assisted them most in their careers, as well as larger career narratives. This study will have implications for library practitioners and educators. It will provide insights into valued skills for those who are designing or implementing LIS education programs, as well as LIS graduates who are seeking to market their skills to employers across industry sectors.


2021 ◽  
Author(s):  
Kuo-Ming Hung ◽  
Li-Ming Chen ◽  
Ting-Wen Chen

Abstract Trademarks are common graphic signs in human society. People used this kind of graphic sign to distinguish the signs of representative significance such as individuals, organizations, countries, and groups. Under effective use, these graphic signs can bring maintenance and development resources and profits to the owner. In addition to maintenance and development, organizations that have obtained resources can further promote national and social progress. However, the benefits of these resources have also attracted the attention of unfair competitors. By imitating counterfeit trademarks that appear, unfair competitors can steal the resources of the original trademark. In order to prevent such acts of unfair competitors, the state has formulated laws to protect trademarks. In the past, there have also been researches on similar trademark searches to assist in trademark protection. Although the original trademark is protected by national laws, unfair competitors have recently used psychological methods to counterfeit the original trademark and steal its resources. Trademarks counterfeited through psychology have the characteristics of confuse consumers and do not constitute infringement under the law. Under the influence of such counterfeit trademarks, the original trademark is still not well protected. In order to effectively prevent such trademark counterfeiting through psychology, this article proposes new features based on trademark design and Gestalt psychology to assist legal judgments. These features correspond to a part of the process that is not fully understood in the human visual system and quantify them. In the experimental results, we used past cases to analyze the proposed assistance system. Discussions based on past judgments proved that the quantitative results of the proposed system are similar to the plaintiff or the judgment to determine the reasons for plagiarism. This result shows that the assistance system proposed in this article can provide visually effective quantitative data, assist the law to prevent malicious plagiarism on images by unfair competitors, and reduce the plagiarism caused by the similar design concepts of late trademark designers.


2016 ◽  
Vol 28 (6) ◽  
pp. 854-879 ◽  
Author(s):  
Congying Guan ◽  
Shengfeng Qin ◽  
Wessie Ling ◽  
Guofu Ding

Purpose With the developments of e-commerce markets, novel recommendation technologies are becoming an essential part of many online retailers’ economic models to help drive online sales. Initially, the purpose of this paper is to undertake an investigation of apparel recommendations in the commercial market in order to verify the research value and significance. Then, this paper reviews apparel recommendation techniques and systems through academic research, aiming to acquaint apparel recommendation context, summarize the pros and cons of various research methods, identify research gaps and eventually propose new research solutions to benefit apparel retailing market. Design/methodology/approach This study utilizes empirical research drawing on 130 academic publications indexed from online databases. The authors introduce a three-layer descriptor for searching articles, and analyse retrieval results via distribution graphics of years, publications and keywords. Findings This study classified high-tech integrated apparel systems into 3D CAD systems, personalised design systems and recommendation systems. The authors’ research interest is focussed on recommendation system. Four types of models were found, namely clothes searching/retrieval, wardrobe recommendation, fashion coordination and intelligent recommendation systems. The forth type, smart systems, has raised more awareness in apparel research as it is equipped with advanced functions and application scenarios to satisfy customers. Despite various computational algorithms tested in system modelling, existing research is lacking in terms of apparel and users profiles research. Thus, from the review, the authors have identified and proposed a more complete set of key features for describing both apparel and users profiles in a recommendation system. Originality/value Based on previous studies, this is the first review paper on this topic in this subject field. The summarised work and the proposed new research will inspire future researchers with various knowledge backgrounds, especially, from a design perspective.


SDN technology is becoming every day more popular and big data centers and organizational networks have started deploying for its advantages. Current development of SDN network relies on target host IP address of packet and OFSwitches ignores checking of source host IP. SDN has separated control planes and data planes and OpenFlow protocol enabled switches are used as packet forwarding devices. The SDN controller controls flow of data packet through forwarding devices and when these are turned on, do not have any control and defense. The devices are not able to handle packet arriving from connected host. In this case, data packets of hosts are sent to the controller forwarding device for inspection and control packet creation for data packet and setting up required matching entries in flow table of forwarding device for such type of data packets generated by the hosts. The attackers can generate packets with Spoofed source IP address and perform various types of attacks. In this research paper, we offer a scheme as Source IP Address Validation for Software Defined Network (SIPAV-SDN) to check packet’s source host IP address by binding source host IP Address and MAC address with switch port. It maintains a HostTable at Controller for verification of source host IP and MAC with switch port and only forwards the packets which have valid sources host IP address. We also simulated SIPAV-SDN with hybrid SDN network and experiment results have shown that it achieved 100% packet filtering accuracy for IP spoofed TCP, UDP and ICMP packet attacks. We used python programming language for RYU controller in Mininet network emulator.


E-Marketing ◽  
2012 ◽  
pp. 1051-1067
Author(s):  
Fahri Karakaya

This chapter focuses on the effective use of the Internet for marketing products and services. The chapter starts by presenting statistics about Internet usage and online sales in the USA and around the world. It then examines the evolution of web sites from a static format to an interactive format with the start of Web 2.0. As a plus to small businesses, the chapter also briefly outlines the steps involved in starting an online business and the advantages and disadvantages of having one. Special emphasis is placed on developing an eMarketing strategy, drawing on the marketing mix, online marketing research, and search engine optimization, as well as social media marketing. The chapter ends by showcasing Amazon.com’s marketing tools as excellent examples of effective eBusiness.


2018 ◽  
Vol 82 (5) ◽  
pp. 45-65 ◽  
Author(s):  
Larisa Ertekin ◽  
Alina Sorescu ◽  
Mark B. Houston

Well-known brands are frequently imitated, misused, or tampered with. Firms facing these threats routinely turn to the legal system and file trademark infringement lawsuits in an attempt to prevent revenue losses and brand equity dilution. In this article, the authors address the largely unexplored issue of brand protection. First, they categorize all major types of trademark infringement. Second, using signaling and prospect theories, they present a conceptual model that outlines the financial consequences of defending a brand in court. The authors test the predictions of this framework using a large sample of trademark infringement lawsuits and find that although investors react negatively in the short term to firms’ filing and even to firms’ winning such cases, the long-term performance of firms that successfully leverage the legal system to protect their brands is positive.


Author(s):  
Nikola Milosavljević ◽  

In the middle of the coronavirus crisis in 2020 Serbian Parliament has enacted the new Trademark Law (“Official Gazette of Republic of Serbia” No. 6/2020). With this law, many changes came along in trademark protection, especially in the infringement domain. Namely, the greatest changes that have occurred are the introduction of non-material damages recuperation for trademark infringement, and appropriation of the profits. Also, the treble damages reimbursement is now excluded from the Serbian Trademark Law. These changes are conducted to harmonize Serbian law with the Directive 2004/48/EC. However, it is still necessary to examine if there was a possibility that these new institutes lead us again to the penalty damages, even after treble damages exclusion. For this reason, the author of this paper will try to trace the origin of these changes trough examining the legal history and conducting comparative research, then he will examine the essence and the nature of these new institutes using analysis and dogmatic method.


2018 ◽  
Vol 35 (1) ◽  
pp. 18-41 ◽  
Author(s):  
Yongbing Jiao ◽  
Myriam Ertz ◽  
Myung-Soo Jo ◽  
Emine Sarigollu

Purpose The purpose of this paper is to investigate the effects of culture, personality, and motivation on social and content value, which in turn affect brand equity in social media brand community (SMBC) setting. Design/methodology/approach Online surveys were conducted with 595 SMBC participants in China and the USA. AMOS is used in SEM analysis. Findings Consumers with collectivistic, extroverted, and extrinsic orientation experience social value through social media participation. In contrast, consumers with individualistic and intrinsic orientation demonstrate content value. Furthermore, Chinese consumers show more social value and the US consumers more content value. Accordingly, the effect of social value (content value) on brand equity is stronger for Chinese (US) consumers. Research limitations/implications Culture was assessed only by individualism/collectivism, personality by extroversion/introversion and motivation by extrinsic/intrinsic. Future research should verify external generalizability beyond China and the USA. Practical implications Enhanced social and content value through consumers’ social media participation can increase brand equity. Thus, companies should motivate consumers to experience more value via social media participation, and, cultivate a multicultural climate and facilitate the exchange of culture. Originality/value First, this research redefines customer value into two components: social and content value. Second, this paper is the first to investigate the antecedents (i.e. culture, personality, and motivation) and the consequence (i.e. brand equity) of customer value in social media community settings. Third, this study illustrates differences in social media customer value experiences of Chinese vs US consumers.


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