scholarly journals Just When U Thought it was All Over, Gator's Kin Pops Up and Slides Out of Dangerous IP Waters (for the Most Part): A Review of Two Online Pop-Up Advertisers and 4 Internet Law Decisions

2004 ◽  
Vol 4 ◽  
Author(s):  
Jason Allen Cody
Keyword(s):  
Online Advertising ◽  
Copyright Law ◽  
Trademark Law ◽  
Internet Users ◽  
Consumer Confusion ◽  
Legal Implications ◽  
Preliminary Injunction ◽  
Survey Results ◽  
Internet Law

This Article follows on the heels of an article I recently wrote that focuses on the online advertising activities of The Gator Corporation and legal implications of the preliminary injunction issued in that case.4 I previously concluded that Gator’s pop-up advertising scheme did not violate copyright law,5 but that it did violate trademark law, based in large on survey results showing significant consumer confusion at that point in time.6 To remove consumer confusion, I recommended that Gator: (1) notify Internet users more prominently about downloading Gator software; (2) remind consumers that they authorized pop-up ads to appear; (3) adequately display its trademarks in its pop-up ads; and (4) disclaim affiliation with URLs that have not authorized its ads.7

scholarly journals Human 2.0: Behavioral Dissonance between Online and Offline Personal Traits, And Implications on e-Marketing Practices

2021 ◽  
Vol 3 (2) ◽  
pp. 18-25
Author(s):  
Moataz Kamel
Keyword(s):  
User Interfaces ◽  
Online Advertising ◽  
Primary Data ◽  
Business Practices ◽  
Computer User ◽  
Personal Traits ◽  
Face To Face ◽  
Internet Users ◽  
Primary Data Analysis ◽  
The Social

This research paper presents an attempt to explore the phenomenon of a consistent disconnection between the online and offline personality traits of Internet users. The research delves deeper into this notion, explores the possible drivers and stimulants, and then puts special emphasis on its implications and repercussions on various business aspects, such as online advertising and e-marketing techniques. The research uses a variety of instruments and tools, including structured observations, face-to-face interviews, online surveys, and mock computer User Interfaces designed specifically for the purpose of the experiments conducted as part of the primary data collection for the research. The paper then proceeds to analyze the primary data and presents an attempt to understand the phenomenon and its underlying stimulants. Finally, the paper presents a set of conclusions, again with more focus on marketing and business-related issues. The research, through its primary data analysis and rationalization, concludes that there is strong evidence that most internet users exhibit different facets of behavioral dissonance between their online and offline traits. The research also concludes that such dissonance may be induced by the social internet ecosystem and dynamics, rather than intrinsic tendencies in the users’ actual characters. The research also relates these findings with common business practices of successful online businesses and sheds the light on potential ethical dilemmas pertaining to internet businesses exploiting these phenomena (albeit sometimes unknowingly) to lure their users into buying products or to generate more traffic.

“Not Manufactured or Authorized by …”: Recent Federal Cases Involving Trademark Disclaimers

1998 ◽  
Vol 17 (1) ◽  
pp. 97-107 ◽  
Author(s):  
Jacob Jacoby ◽  
Maureen Morrin
Keyword(s):  
Trademark Law ◽  
Trademark Infringement ◽  
Consumer Confusion ◽  
Recent Trends

After discussing the value of trademarks to consumers and businesses, the authors outline the major objectives of trademark law. The authors review recent federal trademark infringement cases that involve the use of disclaimers, in terms of the extent to which disclaimers reduce the likelihood of consumer confusion. The authors then note recent trends and provide suggestions for further research.

scholarly journals Fighting Internet Piracy: The French Experience With The Hadopi Law

2012 ◽  
Vol 16 (4) ◽  
pp. 327
Author(s):  
Alexis Koster
Keyword(s):  
Mobile Devices ◽  
Internet Use ◽  
Copyright Law ◽  
The Internet ◽  
Pedagogical Tool ◽  
Internet Piracy ◽  
Response System ◽  
Internet Users ◽  
French Experience ◽  
Illegal Downloading

With the ever-increasing speed of the Internet and the ever-increasing power of personal computers and mobile devices, illegal downloading affects not only recorded music, but also movies and other medias. To stem the loss of revenues caused to copyright holders, France passed the Hadopi Law in September 2009 to be enforced by a new agency - the Hadopi Authority. The Hadopi Authoritys mission includes three major objectives. 1) to enforce the copyright law on the Internet through legal actions against violators, 2) to educate Internet users about illegal versus legal activities with respect to the copyright law, and 3) to facilitate the development of Internet services providing legal access to copyrighted works. To deter piracy and, at the same time, to serve as a pedagogical tool, Hadopi uses the graduated response system. Users who participate in illegal downloading are first warned two times. After a third violation, their file is forwarded to a court for possible prosecution. Between October 2010 and March 2012, the Hadopi Authority performed several surveys of Internet use to measure the effectiveness of the Law. The resulting reports show some modest positive changes in the behavior of French Internet users.

scholarly journals TRADEMARK LAW IN CANADA

2016 ◽  
pp. 0-0
Author(s):  
Александр Прокофьев ◽  
Aleksandr Prokofiev
Keyword(s):  
Quality Control ◽  
Legal Protection ◽  
Case Law ◽  
Legal Regulation ◽  
Trademark Law ◽  
Legal Implications ◽  
Actual Use ◽  
Trademark Registration ◽  
Certification Mark ◽  
Core Issues

In the present article the author reviews the contents of sources of the trademark law in Canada, which include not only statutes and regulations, but also case law and doctrine. The author touches upon such core issues in legal regulation, as the notion of trademark and its types (certification mark and distinguishing guise), peculiarities of their legal protection, legal implications of trademark registration or absence thereof, as well as of actual use or non-use of the mark. The author analyses legal standpoints elaborated in practice, such as the doctrine of functionality and quality control during trademark licensing. The author also reviews correlation of rights to the trademark itself and to the goodwill attached thereto.

scholarly journals Protection of Animated Cartoon Character: Copyright or Trademark?

2021 ◽  
Vol 10 (3) ◽  
pp. 446
Author(s):  
I Gusti Ngurah Bayu Satriawan ◽  
Marwanto Marwanto
Keyword(s):  
Copyright Protection ◽  
Legal Protection ◽  
Copyright Law ◽  
Legal Research ◽  
Trademark Law ◽  
Animated Cartoon ◽  
Cartoon Character ◽  
Animated Film ◽  
Cartoon Characters ◽  
Analytical Approaches

Animated cartoon character is a character created or depicted in an animated story with the aim of supporting the story in an animated film. Currently, many children's clothes, bags, shoes or accessories include animated pictures from cartoons with the aim of attracting buyers' attention to increase sales of these products. The purpose of this writing is to identify, analyse and elaborate legal protections for animated cartoon characters based on the provisions in the copyright law, as well as legal protection for animated cartoon characters used as brands. This was normative legal research using a statutory, conceptual and analytical approaches. Animated cartoon characters as one of the objects of copyright protection, namely images, receive automatic protection based on the Copyright Law and can also be registered as Trademarks, as long as the image has distinctive power and has no similarity in substantial or in its entirety. However, if any parties who intend to use the animated cartoon characters that already classified as a well-known trademark, that party can propose a License to the owner of the trademark as regulated under the provision of Article 42 paragraph (1) of Trademark Law

scholarly journals Digital Marketing for Sustainable Growth: Business Models and Online Campaigns Using Sustainable Strategies

2020 ◽  
Vol 12 (3) ◽  
pp. 1003 ◽  
Author(s):  
Jose Ramon Saura ◽  
Pedro Palos-Sanchez ◽  
Beatriz Rodríguez Herráez
Keyword(s):  
Business Models ◽  
New Technologies ◽  
Online Advertising ◽  
Sustainable Growth ◽  
Digital Marketing ◽  
The Internet ◽  
Digital Ecosystem ◽  
Internet Users ◽  
New Business ◽  
New Business Models

In recent years, digital marketing has transformed the way in which companies communicate with their customers around the world. The increase in the use of social networks and how users communicate with companies on the Internet has given rise to new business models based on the bidirectionality of communication between companies and Internet users. Digital marketing, new business models, online advertising campaigns, and other digital strategies have gathered user opinions and comments through this new online channel. In this way, companies have started to see the digital ecosystem as not only their present, but also as their future. From this long-term perspective, companies are concerned about sustainability and the growth of their business models. There are new business models on the Internet that support social causes, new platforms aimed at supporting social and sustainable projects, and digital advertising campaigns promoting sustainability. The overarching aim of this Special Issue was to analyze the development of these new strategies as well as their influence on the sustainability of digital marketing strategies. Therefore, we aimed to analyze how companies adopt these new technologies in a digital environment that is increasingly concerned with the sustainability of business models and actions on the Internet.

scholarly journals Artificial Intelligence Systems-Aided News and Copyright: Assessing Legal Implications for Journalism Practices

2020 ◽  
Vol 12 (5) ◽  
pp. 85
Author(s):  
Javier Díaz-Noci
Keyword(s):  
Artificial Intelligence ◽  
Intellectual Property ◽  
Intellectual Property Rights ◽  
Common Law ◽  
Copyright Law ◽  
Moral Rights ◽  
Use Of Data ◽  
Personal Rights ◽  
Legal Implications ◽  
Artificial Intelligence Systems

Automated news, or artificial intelligence systems (AIS)-aided production of news items, has been developed from 2010 onwards. It comprises a variety of practices in which the use of data, software and human intervention is involved in diverse degrees. This can affect the application of intellectual property and copyright law in many ways. Using comparative legal methods, we examine the implications of them for some legal categories, such as authorship (and hence required originality) and types of works, namely collaborative, derivative and, most especially, collective works. Sui generis and neighboring rights are also considered for examination as being appliable to AIS-aided news outputs. Our main conclusion is that the economics intellectual property rights are guaranteed in any case through collective works. We propose a shorter term of duration before entering public domain. Still, there is a place for more authorial, personal rights. It shows, however, more difficulty when coming to moral rights, especially in Common Law countries.

Internet Usage, Motives and Advertisements

2014 ◽  
Vol 5 (4) ◽  
pp. 37-49
Author(s):  
Manoocher Niknam ◽  
Kobra Najafi ◽  
Azamosadat Hoseini ◽  
Sima Amirpoor ◽  
Parisa Bahmandar ◽  
...  
Keyword(s):  
Online Advertising ◽  
Demographic Variables ◽  
Internet Usage ◽  
The Internet ◽  
Advertising Agencies ◽  
Significant Relation ◽  
Internet Users ◽  
Use Of Internet ◽  
To Receive ◽  
The Web

This study explains the internet usage among Iranian users. Therefore it has been tried to give basic answers to this question that: What is the Iranians main use for internet and not shopping online? Based on this, by thoroughly analyzing the literature of internet users and develop a comprehensive theoretical model, the use of internet was tested in the web domain. The results indicate that; there is a significant relation between the demographic variables (age, education) and the motivations for using the Internet, also results show that in Iran, men and women use the internet for more searching motivations, and one of the major reasons that Iranian users do not shop online is the mistrust to receive that product. This study was done on a descriptive–analytical basis and based on the achievements of this research, it was recommended to advertising agencies that by using the indicators identified how to make appropriate steps in order to provide online advertising.

Joined Cases C-682/18 and C-683/18 Peterson v. Google & Youtube And Elsevier v. Cyando (C.J.E.U.)

2021 ◽  
pp. 1-30
Author(s):  
Justin Hughes
Keyword(s):  
Copyright Law ◽  
Third Party ◽  
The Internet ◽  
Basic Principles ◽  
Digital Copyright ◽  
Internet Users ◽  
Digital Network ◽  
Multilateral Treaties

Since its inception, the internet has challenged many basic principles of international copyright law. While some key “digital copyright” issues have been addressed in multilateral treaties, one of the most vexing issues with the global digital network remains—the question of the responsibility of third-party intermediaries for copyright infringements by internet users.

Do Androids Dream of Electric Copyright?

2021 ◽  
pp. 147-176
Author(s):  
Andres Guadamuz
Keyword(s):  
Neural Networks ◽  
Biological Networks ◽  
Autonomous Agents ◽  
Copyright Law ◽  
Human Interaction ◽  
Smart Systems ◽  
Contract Formation ◽  
Area Of Interest ◽  
Legal Implications ◽  
Legal Challenges

The advent of sophisticated artificial neural networks has opened new artistic opportunities, but also a variety of new legal challenges. Computer programs such as Google’s Deep Dream can take an image and process it in manners that resemble biological networks, producing artwork that is both unique and unpredictable. The law is not unfamiliar with the challenges of artificial intelligence (AI), in the past academics and policymakers have had to deal with the legal implications of autonomous agents in contract formation, to name just one area of interest. However, for the most part the implementation of smart systems has been limited in its reach and scope, and in many instances autonomous agents required quite a lot of direction from the programmer, following a very stringent set of rules. This meant that for the most part all rights, responsibilities, and liabilities arising from artificial agents fell squarely on the program creator. Neural networks are different, these systems have the potential to generate works in which human interaction is minimal. Modern copyright law has been drafted to consider originality as an embodiment of the author’s personality, and originality is one of the main requirements for the subsistence of copyright. So, what happens when you remove personality from the equation? Are machine-created works devoid of copyright? Do we need to change copyright law to accommodate autonomous artists? This chapter will explore this and other questions.

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