This essay attempts to explore trademark law and the marks themselves from a semiotic viewpoint to provide a deeper understanding to (trademark) law as a system of signs. Although the language of trademark law may suggest slightly different meanings, for the purpose of this essay “trademark” will refer to an area of law (unless otherwise indicated) and “mark” will refer to the individual sign. The first part of this essay will provide a brief overview of semiotics. (...) Second, it will outline a general look at trademark law as set forth in the Lanham Act. The third section is a semiotic approach to provide a deeper understanding of trademark law. Finally, the essay will analyze a seminal trademark case whilst using semiotics to address legal meaning within the case. Semiotics teaches that no absolute meaning can be found. This essay, then, attempts to secure at least one particular meaning of the Qualitex case and what it means in trademark law today. (shrink)

Trademarks are not just property; they are aesthetic creations that pervade everyday experience. As pervasive aesthetic creations having literary, pictorial, graphic, sculptural, and musical content, trademarks deserve aesthetic analysis. So this paper discusses the origins, strength, appeal, and effectiveness of trademarks within the context of aesthetic considerations such as meaning, intention, authorship, and mode of creation. Also reviewed are morphemic and phonemic analysis of trademarks, semantic positioning, the dichotomy between creation and discovery of trademarks, and the differences between trademarks and (...) titles. The discussion is confined to "word marks" consisting of alphanumeric characters because discussing other kinds of marks (such as designs, configurations, sounds, colors, and scents) would raise issues well beyond the scope of a single article. (shrink)

Natural sciences are credited with being the chief force in the process of rendering relative many elements of our world view. To make acceptable the relative character of the order of two poles for the public, however, is the task of (idealist) philosophy. I reduce the division of objective/subjective to sensible duality. To explain the belief in sensible duality, I use unusual means: personifying the sensible content. It is the distinction between present (as extension) and absolute present (as the absence (...) of extension), which I call the trademark of idealist philosophy. This distinction is based on the striking assertion that though finite time can be divided infinitely, but at the same time, this division is not permitted to be performed, protecting the conceptual substance. The noninfinite division of finite time results in the definition: present = an extension-atom. This short extension is an important component of the notion “original environment”. The message “total nonuniversality” does not exist without that “place”. (shrink)

Trademarks should be considered not only as an intellectual property right but also as aesthetic creations influenced by various philosophies. A trademark can thus be understood as a word, a phrase, a symbol, a shape, a configuration or any other device introduced to distinguish the products of individual traders or manufacturers. Trademarks also have an aesthetic dimension. This means that aesthetics of trademarks can be revealed through the letters and morphemes as well as their literary, mythological, and religious associations. (...) Trademarks play a crucial role in some commercial sectors. The aim of this article is therefore to present the aesthetics of trademarks through the lens of East Asian philosophies such as Confucianism and Daoism, as well as Japanese Zen. This analysis brings us to considerations of traditional aesthetic functionality. This means that the brand is the main decorative feature of the product or is the product itself. It can therefore be influenced by different philosophies, and the above cases even confirm this theory. (shrink)

This study examines the use of disparaging and offensive trademarks and mascots by sports teams. Specifically, this study considers whether the continued use of Native American symbols and mascots in sports comports with the Christians-Nordenstreng conceptualization of social responsibility, which considers the three principles of human dignity, truth-telling, and nonmaleficence. To do this, the article considers the history and arguments both for and against the use of these symbols in sports communication. This article concludes with a discussion of how the (...) use of these trademarks does not fulfill the three principles of social responsibility and what that means for the symbols’ continued use. (shrink)

The Internet presents opportunities for corporations to efficiently build their brands online and to enhance their global reach. But there are threats as well as opportunities, since anti-branding and free-riding activities are easier in cyberspace. One such threat is theunauthorized incorporation of a trademark into a domain name. This can lead to trademark dilution and cause consumer confusion. But some users claim a right to use these trademarks for the purpose of parody or criticism. Underlying these trademark (...) conflicts is the familiar tension between property rights and free speech rights. While some trademark scholars are reluctant to consider a trademark as property, we find strong support for the property paradigm in Hegel’s philosophy. Assuming that a trademark is an earned property right, we propose that a trademark owner should be allowed to control the permutations of its trademark incorporated into domain names unless a reasonable person would not confuse that domain name with the company’s mark. But we also conclude that there must be latitude to employ a domain name for negative editorial comment, so long as the source and purpose of that domain name is plainly apparent. (shrink)

This book challenges the philosophical foundations of current trademark systems in the USA and the UK. It argues that the process of trademark creation should be transformed to the more practical and realistic proposition of "co-authorship" of trademarks by both the public and trademark owners. The book develops the "Economic-Social Planning justification", which departs from the economic argument that trademarks reduce consumer search costs, and then proposes that trademarks should be formulated in a manner which helps foster (...) a just and attractive culture. Trademarks are thus seen as source and origin identifiers, rather than quality identifiers. The book focuses on the often ignored role of the public and their rights in trademarks and calls for the adoption of the confusion rationale for trademark protection, not the dilution individualistic rationale. The two jurisdictions of this book prove adverse effects over the rights of the public in terms of using trademarks in cultural and expressive contexts, thereby threatening the principles of freedom of expression as a human fundamental right. (shrink)

If a trademark becomes a generic term, it may be cancelled under trademark law, a process known as genericide. Typically, in genericide cases, consumer surveys are brought into evidence to establish a mark’s semantic status as generic or distinctive. Some drawbacks of surveys are cost, delay, small sample size, lack of reproducibility, and observer bias. Today, however, much discourse involving marks is online. As a potential complement to consumer surveys, therefore, we explore an artificial intelligence approach based chiefly (...) on word embeddings: mathematical models of meaning based on distributional semantics that can be trained on texts selected for jurisdictional and temporal relevance. After identifying two main factors in mark genericness, we first offer a simple screening metric based on the ngram frequency of uncapitalized variants of a mark. We then add two word embedding metrics: one addressing contextual similarity of uncapitalized variants, and one comparing the neighborhood density of marks and known generic terms in a category. For clarity and validation, we illustrate our metrics with examples of genericized, somewhat generic, and distinctive marks such as, respectively, DUMPSTER, DOBRO, and ROLEX. (shrink)

The third edition of Webster’s International Dictionary, first published in 1961, represented a novel approach to lexicography. It recorded the English language used in everyday life, incorporating colloquial terms that previous grammarians would have considered unfit for any responsible dictionary. Many were scandalized by the new lexicography. Trademark lawyers were not the most prominent of these critics, but the concerns they expressed are significant because they touched on the core structure of the trademark as a form of property (...) in language. In the course of eavesdropping on everyday usage, Merriam-Webster’s lexicographers picked up on the use of trademarks as common nouns: “thermos” as a generic noun for any vacuum flask, “cellophane” as a term for transparent wrapping, and so on. If Webster’s Third were to be taken as sound evidence of the meaning of words, then the danger was that some of the most familiar marks in the USA would be judged “generic” in the legal sense, and would thereby cease to be proprietary. In this article, we explore the implications of this encounter between law and lexicographic technique. (shrink)

The legal protection of well-known trademarks is an exception to the fundamental principles of trademark law, i.e. territorality, registration and „speciality“. The well-known trademark is protected even if it had not been registered according to the national legal regulation of that state, in which protection is sought. The well-known trademark can also be protected even in respect to the goods and (or) services which are not similar to those for which the well-known trademark is used or (...) registered (in case the trademark is registered). (shrink)

This article focuses on the analysis of the main positions of the Constitutional Court of the Republic of Lithuania in the cases of intellectual property law. In the article three judgments and the positions of the Constitutional Court extracted therefrom are analysed. The Constitutional Court has formed several important positions with reference to intellectual property law regarding usage of property protection norms for the protection of intellectual property, requirements of application of compensation as an alternative to damages compensation and the (...) calculation of criterions thereof as well as functional legal protection of trademarks. It should be noted that Article 23(1) of the Constitution of the Republic of Lithuania has extended protection to property and, as the Constitutional Court of the Republic of Lithuania has noted, the constitutional protection of property covers not only the protection of tangible, but also of intellectual property. In the same judgment, the Constitutional Court stated another important intellectual property related rule, namely that constitutionally established property protection rights have to be implemented regardless of whether a corresponding international treaty has not been ratified, as protection of authors’ rights is granted under Articles 23 and 42(3) of the Constitution of the Republic of Lithuania. However, the second position stating that the rights of foreign subjects are to be implemented even though a corresponding international treaty has not been signed is to be criticised as by coming to such a conclusion the Constitutional Court has ignored the otherwise generally recognised principle of territoriality of intellectual property rights. In two other cases the Constitutional Court has made important statements relevant to intellectual property law. First of all, the Court stated that compensation instead of claiming actual damages is constitutional. By analysing the positions formulated by the Court, an indirect conclusion can be made to the effect that compensation instead of claiming actual damages is necessary in order to ensure effective protection of intellectual property rights. In other words, the purposes of compensation can be recognised: restoring (compensating) the infringed interests of the injured party; simplifying judicial proceedings, whereby faster proceedings (litigation) and easier substantiation is sought; and the preventive purpose (strong preventive effect). However, the Court’s argument regarding the criterion of compensation calculation, saying that the damages incurred by the intellectual property rights owner depend on the sale value of the product concerned is criticisable, as it is rarely the case that the licence fee or profit acquired in the result of unauthorised use of intellectual property objects is calculated with reference to the final sale price of the product. Notwithstanding the arguably weak argument of the Court, the Court’s position regarding the criterion of final sale price itself does not preclude the possibility of reaching a fair final decision. Finally, the Court acknowledged that trademark protection was limited to the economic functions of the trademark and the full protection thereof. (shrink)

One strategy for indigenous producers competing with global capital is to obtain geographic source protection (a form of trademark) for products traditionally associated with a cultural grouping or region. The strategy is controversial, and this article adds an additional reason to be cautious about adopting it. Specifically, consumers increasingly consume brands not for the products they designate but for the affiliation with the brands themselves. Since the benefits of source protection depend upon a consumer's desire to have a product (...) actually from that source community, if consumers care more about the brand designation than the actual source, then those benefits will be more difficult to realize. In such an environment there would be tremendous pressure both to produce products that conform to (often exoticized) western images of cultures and to create property rights in the culture itself, empowering elites to further marginalize and suppress dissenting views. (shrink)

The web creates manyopportunities for encroachment on intellectualproperty including trademarks. Our principaltask in this paper is an investigation into anunusual form of such encroachment: theimproper use of metatags. A metatag is a pieceof HTML code that provides summary informationabout a web page. If used in an appropriatemanner, these metatags can play a legitimaterole in helping consumers locate information. But the ``keyword'' metatag is particularlysusceptible to manipulation. These tags can beeasily abused by web site creators anxious tobait search engines and bring (...) scores ofvisitors to their sites. The law aboutmetatags is far from settled and many legalscholars are uncomfortable with the conclusionthat the unauthorized use of a trademark in ametatag represents infringement. How should weassess this practice known as ``spamdexing'' froma normative perspective? Is it commercial fairplay or something more sinister? We make thecase here that there are salient moral problemswith spamdexing since it exploits thereputational goodwill of trademark owners andconfuses consumers. It violates basic moralduties and it flouts the golden rule principle. Hence unauthorized use of a competitor'strademark in a metatag is not morallyacceptable. (shrink)

Nike. McDonald’s Apple. These companies and many others invest millions of dollars each year protecting that one thing that distinguishes them in the marketplace – a trademark. A company’s trademark is the symbol that allows consumers to know that they are dealing with a particular company. This article addresses the extent to which some companies will go to obtain and protect a trademark. Specifically, it will address the fight between Cisco and Apple over the iPhone trademark, (...) as both companies took questionable steps in the United States and abroad to obtain rights to the iPhone mark. In addition, the basics of trademark law and ethical theories relevant to trademark law will be addressed. (shrink)

For most of the 20th century, the condom in the United States was a cheap, useful, but largely unmentionable product. Federal and state statutes prohibited the advertising and open display of condoms, their distribution by mail and across state lines, and their sale for the purpose of birth control; in some states, even owning or using condoms was illegal. By the end of World War I, condoms were increasingly acceptable for the prevention of sexually transmitted disease, but their unique dual (...) function—for disease prevention and contraception—created ongoing ambiguities for sellers, consumers, and distributors as well as for legal, political, health, and moral leaders. Not until the 1970s did condoms emerge from the shadows and join other personal hygiene products on open drugstore and supermarket shelves and in national advertisements. Then came the 1980s and AIDS when, despite the rise of Ronald Reagan, the radical right’s demonization of condoms, and the initial reluctance of condom merchants to market to gay constituencies, the HIV/AIDS epidemic slowly but inexorably propelled the condom to the top of the prevention agenda. The condom’s journey from lewd device to global superstar was fitful, but colorful. The Comstock Act of 1873, prohibiting birth control information and devices, created a vast underground operation—periodically illuminated, however, by arrests, protests, legal proceedings, and media coverage. This essay chronicles one such moment of illumination: the legal battle in the 1920s and 1930s over the legitimacy and legality of the Trojan Brand condom trademark and the unusual series of advertisements produced by the Youngs Rubber Corporation, makers of Trojans, to dramatize the ethical and economic issues of the trademark battle. Culminating in Youngs Rubber Corporation v. C.I. Lee & Co., Inc. , this landmark case in trademark law established the right of the Trojan Brand condom, despite its ambiguous dual function, to the protection of a federal trademark. I seek to show how the Youngs antipiracy ad series illuminates the paradox of visibility by illuminating the paradox of any binary division: to establish the one depends inevitably on invoking or making visible—even if to suppress—the other. This essay is a case study in the negotiation of such a dialectic. (shrink)

One of the trademarks of Nicolai Hartmann’s ontology is his theory of levels of reality. Hartmann drew from many sources to develop his version of the theory. His essay “Die Anfänge des Schichtungsgedankens in der alten Philosophie” testifies of the fact that he drew from Plato, Aristotle, and Plotinus. But this text was written relatively late in Hartmann’s career, which suggests that his interest in the theories of levels of the ancients may have been retrospective. In “Nicolai Hartmann und seine (...) Zeitgenossen,” Martin Morgenstern puts the emphasis on contemporaries of Hartmann: Émile Boutroux, Max Scheler, Heinrich Rickert, Karl Jaspers, and Arnold Gehlen. But there is another plausible source for Hartmann’s conception of levels that has so far remained overlooked in the literature. Hartmann studied with and was influenced by Nikolai Lossky. Lossky has a theory of levels that he adopted from Vladimir Solovyov. Solovyov presents his theory of levels, among other places, in Oпpaвдaнie дoбpa, where he says that the five principal stages of the cosmogonic process of ascension toward universal perfection, which are given in experience, are the mineral or inorganic realm, the vegetal realm, the animal realm, the realm of natural humanity, and the realm of spiritual or divine humanity. This theory appears to bear significant similarities with the theory of levels of reality that Hartmann will develop a few decades later. Solovyov was widely read in Russia and it would be unlikely that Hartmann was not at least minimally acquainted with his work. Chances are that Hartmann came into contact with it in some details. An intellectual lineage could thus likely be traced from Hartmann back to Solovyov. In this paper, I document and discuss this possible lineage. (shrink)

With his trademark eloquence and humour, Robert Dessaix, one of Australia's eminent writers, tackles humbug in the modern worldandmdash;the tide of mumbo jumbo where words fall short of what they mean and motivations are not always what they appear. MUP's Little Books on Big Themes series pairs leading Australian thinkers and cultural figures with some of the big themes in life.

In developing his trademark use of “consonance” to prescribe a relationship between Christian faith and the natural sciences, Ernan McMullin drew on severaldistinctly Augustinian philosophical and theological themes during his fifty years of scholarship. Particularly prominent in McMullin’s work were an emphasis placed on Augustine’s biblical hermeneutic, which prioritized both literal and non-literal interpretive techniques, and Augustine’s epistemology of divine illumination. This paper examines several elements as part of an expository account of McMullin’s contribution toward the consonance between Christian (...) faith and the natural sciences. It also outlines McMullin’s theory of retroduction and his account of scientific realism, both of which are philosophical positions that provide additional support for consonance from an epistemological perspective. I conclude that for McMullin, consonance is a differentiated term that hints at underlying metaphysical claims without necessarily delineating the nature of those claims. (shrink)

This volume, which illustrates the originality, force, and scope of his work, also displays Nozick's trademark blending of extraordinary analytical rigor with ...

Enactivists seek to revolutionize the new sciences of the mind. In doing so, they promote adopting a thoroughly anti-intellectualist starting point, one that sees mentality as rooted in engaged, embodied activity as opposed to detached forms of thought. In advocating the so-called embodied turn, enactivists touch on recurrent themes of central importance in Wittgenstein's later philosophy. More than this, today's enactivists characterize the nature of minds and how they fundamentally relate to the world in ways that not only echo but (...) fully agree with many of the later Wittgenstein's trademark philosophical remarks on the same topics. (shrink)

Philosophy is a discipline that makes no observations, conducts no experiments, and needs no input from experience. It is an armchair subject, requiring only thought. Yet that thought can advance knowledge in unexpected directions, not only through the discovery of new facts but also through the enhancement of what we already know. Philosophy can clarify our vision of the world and provide exciting ways to interpret it. Of course, philosophy's unified purpose hasn't kept the discipline from splintering into warring camps. (...) Departments all over the world are divided among analytical and continental schools, Heidegger, Hegel, and other major thinkers, challenging the growth of the discipline and obscuring its relevance and intent. Having spent decades teaching in American, Asian, African, and European universities, Michael Dummett has felt firsthand the fractured state of contemporary practice and the urgent need for reconciliation. Setting forth a proposal for renewal and reengagement, Dummett begins with the nature of philosophical inquiry as it has developed for centuries, especially its exceptional openness and perspective-which has, ironically, led to our present crisis. He discusses philosophy in relation to science, religion, morality, language, and meaning and recommends avenues for healing around a renewed investigation of mind, language, and thought. Employing his trademark frankness and accessibility, Dummett asks philosophers to resolve theoretical difference and reclaim the vital work of their practice. (shrink)

Psychopaths exhibit diminished ability to grieve. Here I address whether this inability can be explained by the trademark feature of psychopaths, namely, their diminished capacity for interpersonal empathy. I argue that this hypothesis turns out to be correct, but requires that we conceptualize empathy not merely as an ability to relate (emotionally and ethically) to other individuals but also as an ability to relate to past and present iterations of ourselves. This reconceptualization accords well with evidence regarding psychopaths’ intense (...) focus on the temporal present and difficulties in engaging in mental time travel, as well as with the essentially egocentric and identity-based nature of grief. -/- . (shrink)

The design inference uncovers intelligent causes by isolating the key trademark of intelligent causes: specified events of small probability. Just about anything that happens is highly improbable, but when a highly improbable event is also specified (i.e., conforms to an independently given pattern) undirected natural causes lose their explanatory power. Design inferences can be found in a range of scientific pursuits from forensic science to research into the origins of life to the search for extraterrestrial intelligence.

Bruno Latour is best known for his work in the cultural study of science. In this pamphlet he turns his attention to another worthy pursuit: the project of peace. As one might expect, Latour gives us a radically different picture of this project than Kant or the philosophes, asserting that the West has been in a constant state of war both with other cultures and its own—although unwittingly so. Read through the lens of his trademark take on "the modern," (...) his arguments are original, thoughtful, and, as usual, provocative. (shrink)

Chemical structures are among the trademarks of our profession, as surely chemical as flasks, beakers and distillation columns. When someone sees one of us busily scribbling formulas or structures, he or she has no trouble identifying a chemist. Yet these familiar objects, which accompany our work from start to end, from the initial doodlings (Fig. I) to the final polished artwork in a publication (Fig. II), are deceptively simple. They raise interesting and difficult questions about representation. It is the intent (...) of this article to reflect upon molecular graphics. (shrink)

"Taken as a trilogy, _consent not to be a single being_ is a monumental accomplishment: a brilliant theoretical intervention that might be best described as a powerful case for blackness as a category of analysis."—Brent Hayes Edwards, author of _Epistrophies: Jazz and the Literary Imagination_ In _The Universal Machine_—the concluding volume to his landmark trilogy _consent not to be a single being_—Fred Moten presents a suite of three essays on Emmanuel Levinas, Hannah Arendt, and Frantz Fanon in which he explores (...) questions of freedom, capture, and selfhood. In trademark style, Moten considers these thinkers alongside artists and musicians such as William Kentridge and Curtis Mayfield while interrogating the relation between blackness and phenomenology. Whether using Levinas's idea of escape in unintended ways, examining Arendt's antiblackness through Mayfield's virtuosic falsetto and Anthony Braxton's musical language, or showing how Fanon's form of phenomenology enables black social life, Moten formulates blackness as a way of being in the world that evades regulation. Throughout _The Universal Machine_—and the trilogy as a whole—Moten's theorizations of blackness will have a lasting and profound impact. (shrink)

On the basis of a comparison between a French record store and a Malian street vendor, the article questions the various forms of listening at stake in each case, forms which constitute simultaneously various modes of appropriating the music, and various trademarks of possible worlds of musical exchanges. In such worlds, ordinary and specific as they are, the shop-keeper remains our favorite gate-keeper: this is a tale of the « withering away of the intermediaries s, only in reverse.

This study envisions Tocqueville as a political man, and a politically committed one, rather than as an omniscient and solitary prophet of the age of the masses. A historical account of one of the essential liberals of the nineteenth century cannot ignore the fact that Tocqueville's views of both the present and the future were formulated in terms of the outlook of his own generation and class. The British Isles were the source of some of Tocqueville's most significant insights, especially (...) of the historic connection between the rise of democracy and the extension of bureaucratic centralization. They furnished him with two examples from which he eventually drew a theory of the evolution of aristocracies. They gave him a comparative basis for a theory of the relation of ideas to social change, of the causes of and antidotes to revolutions. His ideas on institutional and economic reform and on the ingredients of a great foreign policy bore the English trademark. If at times he protested against a lifeless imitation of an insolent rival, more often than not what the rival was doing became the basis for his own solutions to French problems. Finally, England provided Tocqueville with a refuge from the intellectual and political isolation of his last years. He found there, not only the consensus which was necessary for him to grasp his own reality and purpose, but the opportunity to continue to influence the course of events, however diminished his range. At the end of his life England was his second homeland, and assumed the prime place in his vision of the history of human liberty. A discussion of Tocqueville's intellectual relationship with his lifelong friend, Gustave de Beaumont, is indispensable to this study. Tocqueville brought to their common fund of ideas a wealth of insight which justly claims greater scholarly attention, but it was Beaumont who, after their journey to England and Ireland in 1835, attempted an extended study of the British constitution, while the ideas of his traveling companion remained in undigested notes. Despite the fact that the inseparability of their ideas on democracy was recognized a generation ago, the unity of their careers and ideas after the appearance of their books on America here receives due analysis for the first time. (shrink)

Renewed philosophical discourse about virtue ethics motivates the search for examples to inform and extend our thinking. In the case of environmental virtue ethics, I have decided to consult “America’s Lifestyle Expert,” Martha Stewart. Oft dismissed as a pop icon or model of domesticity, Martha’s business success is arguably a result of her claimed authority on what the good life entails and how we get it. Reviewing over 60 signed “Letters From Martha” from her monthly magazine Martha Stewart Living. (MSL) (...) I explored her presentations of current environmental topics including biodiversity, obligations to animals, gardening, global warming, and reliance on technology. I find that her work ultimately makes managing a household interesting, and encourages her public to take personal pride in everyday tasks done well. These are trademark Martha Stewart “good things.” Moreover, by connecting with a large audience few philosophers or scientists ever court, she is poised to help us manage our larger planetary household (sensu Gr. “oikos”) and frame a quality of life for future generations. (shrink)

This article is part of a Symposium that examines the legal and policy issues raised by the Schwarzenegger bobblehead doll litigation, in which a Hollywood star-turned-governor sued under California's right of publicity laws and under federal copyright law to stop a small Ohio company from selling a bobblehead doll depicting Schwarzenegger in a business suit, with a bandolier of bullets, and brandishing an assault rifle. The article contends that defendants' unauthorized use of the Schwarzenegger image on dolls and their accompanying (...) packaging was permissible as First Amendment-protected free speech under California's right of publicity laws and also constituted fair use under federal copyright law. The article rejects the argument that a First Amendment defense to plaintiff's right of publicity claims was unavailable because a bobblehead doll is not a "traditional" medium of expression for ideas. The article recognizes that overly expansive assertions of rights of publicity and other intellectual property rights threaten to stifle creative expression and diminish the cultural commons. The article also calls for clearer and more consistent recognition of defenses to right of publicity claims, particularly for cases where a defendant's unauthorized appropriation of another's image or likeness is for purposes of caricature, parody, or satire¿especially where the image is that of a politician. It concludes that the settlement of the Schwarzenegger bobblehead doll case illustrates how "strategic" assertions of even objectively non-meritorious rights of publicity can allow powerful plaintiffs to censor unflattering depictions of them and to unduly expand intellectual property rights without full adjudication on the merits of such claims.This insight is critical, because while other scholars have suggested that the "over-protection" of intellectual property rights (including rights of publicity) has a deleterious effect on freedom of expression and the public domain, these criticisms focus almost exclusively on published appellate cases. Yet, as this article reminds us, most cases settle and never become litigated cases, much less published appellate decisions. And most disputes - including intellectual property disputes - never result in formal litigation in the first instance. As with most other areas of the civil disputing process, intellectual property disputes are processed in the "shadow of the law", where repeat players have strategic advantages to shape the outcomes of disputes in their favor. Thus, if we want to know whether intellectual property rights are over-protected, we need to know what happens (and why) in the shadow of intellectual property law. This insight is the basis for the author's empirical research-in-progress focusing on "strategic intellectual property enforcement" by owners of trademarks, copyrights, and patents, including enforcement that never results in litigation and is thus under the radar of what most legal scholars in this area of law examine. (shrink)

The article explores for the first time the theological relevance of the work of the artist Karl Bauer, who specialized in portraits of those he called „Great Men“. Influenced by the pseudo-science of phrenology, he believed that „greatness“ manifested itself in certain features of the skull. Luther, for example, he painted with a prominent forehead as a sign of strong will and Germanic defiance, presenting him as a national hero whose translation of the bible into German had laid the foundation (...) of Bismarck's Empire of 1870. Bauer's Luther-portraits became a trademark of national Protestantism until well into the 20th-century and were used in the mass media of popular culture. Their enormous popularity points to the relevance of non-logocentric means of theological communication which have not yet been sufficiently appreciated as an important source of church history. (shrink)

This paper seeks to formulate the idea of subjectless change in the established conceptual scheme, which is so often thought to necessarily exclude it. The idea, first espoused by some pre-Socratic thinkers in the form of the universal flux doctrine, was subsequently abandoned due to its alleged logical incoherence. Its reintroduction in contemporary metaphysics is essentially part of a massive revolt against the established conceptual scheme; it serves as a conceptual tool to reinterpret the world and to represent it in (...) an entirely new picture. In this paper I argue, however, that the idea of subjectless change need not be associated with the dissolution of particulars or the dispensing with the concept of object, a trademark of the revolt; rather its usefulness lies in its explanatory power which renders presenting a more complete picture of the world in the established conceptual scheme possible. (shrink)

New York may be most easily recognized by its trademark skyscrapers and brick tenement buildings, but the truth is that the city is actually teeming with luxurious roof gardens and private courtyard oases. Creative gardeners and architects have risen to meet the unique challenges of the urban landscape, designing spaces that celebrate the city while providing a restful escape. New York City Gardens presents New York’s evolving tradition of garden culture through images and discussions of thirty of its most (...) outstanding gardens, from world-famous botanical gardens to richly re-cultivated public urban spaces, luxurious penthouse terraces, and innovative art gardens without soil or plants. Many of the gardens are set against vistas of the quintessential New York—Central Park, the Empire State Building, skyscrapers of Midtown, and the sensational skyline of Lower Manhattan. Other gardens reveal surprising and exotic intimate retreats from the bustle of the city. While most were designed by noted landscape architects, including Dan Kiley, Hideo Sasaki, Ken Smith, and Halsted Wells, many others were created over decades by talented homeowners themselves. As more and more city dwellers in New York and beyond look to cultivate their own kitchen and container gardens and individual outdoor sanctuaries, this book provides hundreds of inspiring images as well as historical background and insight into the practical and imaginative solutions of city garden designers. (shrink)

The profound truths contained in this book, with all of Susan Jeffers trademark warmth and enthusiasm, will make you laugh, make you cry, make you reach out and embrace all of life.

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Amazons: Lives and Legends of Warrior Women across the Ancient World by Adrienne MayorAlison KeithAdrienne Mayor. The Amazons: Lives and Legends of Warrior Women across the Ancient World. Princeton: Princeton University Press, 2014. xiv + 519 pp. Cloth, $29.95.Adrienne Mayor is a historian of classical folklore and ancient science and the author of several books whose subjects lie at the intersection of classical myth and ancient history (...) with archaeology and the history of science: an exploration of monsters and heroes in the repertoire of classical myth as a response to the discovery of fossils in The First Fossil Hunters (Princeton 2000); a wide-ranging collection of evidence for biological and chemical warfare in the ancient world, Greek Fire, Poison Arrows, and Scorpion Bombs (New York: Overlook Press, 2003); and a sympathetic biography of Mithradates VI Eupator of Pontus in The Poison King: The Life and Legend of Mithradates, Rome’s Deadliest Enemy (Princeton 2009); as well as an investigation of indigenous North Americans’ accounts of fossils, in Fossil Legends of the First Americans (Princeton 2005). Like her earlier volumes, The Amazons brings together an extraordinarily wide array of evidence, uncovered through prodigious research across such diverse fields as classical mythology, ancient history, and contemporary archaeology of the central Asian steppes, and the results are presented with her trademark narrative brio. As with these earlier volumes, moreover, Mayor has an agenda in The [End Page 174] Amazons: here she seeks the historical reality that lies behind the ancient Greek myths of barbarian warrior women; and she finds it in the recent archaeological discoveries of female warriors interred on the central Asian steppes from the Caucasus to western China.Mayor sets out her premise in a prologue that takes its bearing from the myth of Atalanta, whom she dubs “the Greek Amazon” (1–13): her project is to investigate where the Greeks might have encountered real women warriors like Atalanta, capable of besting men in footraces, on the battlefield, and in the hunt. Her study falls into four parts: Part 1 (17–59) asks, “Who were the Amazons?” and identifies ancient Scythia, with its many horse-riding and horse-herding nomadic tribes, as the homeland of the Amazons. Part 2 (63–246) surveys the archaeological and scientific evidence for female warriors among the nomadic tribes of the central Asian steppes in prehistoric and historic times. In this section, Mayor considers the evidence afforded by the bones of buried nomad warriors misidentified as male (because of the weaponry and horses accompanying the burial) when they were originally excavated but recently recognized as female as a result of newer scientific techniques of examination (chap. 4); the body armor found in the steppe graves, in a discussion which has recourse to comparative ethnography, yielding a rich history of breast suppression (chap. 5); the tattooing practices of the historical nomadic tribes of the steppes in relation to the iconography of Amazons’ tunics and leggings on classical vase paintings (chap. 6); ancient accounts of Amazons’ dress (chap. 7), including their partiality for trousers (chap. 12), sexuality and reproduction (chap. 8), drugs, dance and music (chap. 9), hunting technologies (chap. 11), weapons and warfare (chap. 13), all in relation to the archaeological and historical evidence of steppe women’s practices in these arenas. She even presses into service ethnolinguistics in order to argue that the names of the Amazons can be traced back to a common origin in the Eurasian steppes (chap. 14; cf. Appendix of Names of Amazons and Warrior Women in Ancient Literature and Art from the Mediterranean to China). In Part 3 (249–353), Mayor turns back to “Amazons in Greek and Roman Myth, Legend, and History.” Here she retells the most famous Amazon myths, of Hippolyte and Heracles [sic] (chap. 15), Antiope and Theseus (chap. 16), Penthesilea and Achilles (chap. 18), and the Athenian Amazonomachy (chaps. 17, 19); and classical accounts of their historical counterparts—the dalliance of Thalestris and Alexander the Great (chap. 20) and the love of Hypsicratea and Mithradates (chap. 21). Part 4 (358–429) abandons the Hellenocentric perspective of Part 3 to investigate the evidence for Amazonian women “Beyond the Greek World... (shrink)

Although the U.S. Patent and Trademark Office (“PTO”) has granted patents on genes for over 20 years, the prudence of gene patenting continues to stir controversy. Some have questioned the ethics of monopolizing a resource that is so fundamental and basic to all living organisms. It has also been argued that patents unfairly restrict the use of genes, impeding both basic and commercial research. For the biotechnology industry, however, gene patents are the currency it uses to protect its investment (...) in research and development, and eventually, the products it brings to market. This paper examines the eligibility of genes for patenting, and considers whether the policy reasons that have led courts to decide that certain categories of subject matter are unpatentable, apply to the realm of genes. Even if this were the case, this does not mean that biotech companies have no way of protecting their inventions. Methods and processes of using the genes do not invoke the same policy considerations, and may provide a more appropriate way of rewarding industry for the narrow discovery of a gene’s specific use. (shrink)

For decades, Christiane Northrup has been helping women navigate their lives with grace and joy. This elegant, compact volume offers her trademark wisdom in a fresh form, filled with pointed reminders "to help you develop a deeper respect for, and connection to, your own body and its exquisite guidance system [to] create a vibrantly healthy body, mind, and spirit." Each beautifully designed black-and-white page carries a quote that touches on a topic of deep significance: everything from heart-listening to epigenetics (...) to the importance of knowing that your decisions about medical treatment are not irreversible. Examples include:You are an ever-renewing, ever-changing, ever-growing being, born with an inner guidance that helps you create and maintain vibrant health and happiness. / When faced with a dilemma, take a moment to sit with the issue. Don't rush to decide what to do. Intend to let Divine inspiration flow to you, and it will be so! The next time you get an ache or a pain, soften the area around it with compassion. Ask your body what it needs. Listen deeply for the answer. (shrink)

In order to introduce the text description of this class will show seven keywords, they represent In order to understand the general process for the seven. Need to mention is that the author published in Chinese script - title "Gadamer's philosophy of the seven key" - and this content is not the same. In fact, only one in that the use of key words in this speech mentioned the four key words will be used the next article. 1 Linguistics as (...) high as the United States in the "real management and methods," a book in the last third of the contents of the specified language is "the universal medium of interpretation of experience." It is in this medium, things are understood, understanding and interpretation to occur. It is the fundamental and the first thing on a switch, it makes things possible, without it, understanding must not occur. It is in this medium, the real management there, although in terms of the real incidence of management and is not limited to this medium. Sprachlichkeit is up to the universal language of the United States to name the first of of a proper noun. history of as language, history is a popular media, and history is also rising to become "a hermeneutical principle." To understand history, which must be traced back to Heidegger, "and there is time," the first six parts, entitled "Timing and historical nature." This title has been out of correct revelation, history is the study of this structure there is some a result of this there is the same as in the past and the present one there, it was possible there through his plans and will itself which extend to the future. Dilthey on Heidegger benefit of this term and its historical significance, but that裡Dilthey, the basic processes of life, and in Heidegger, the basic process is still alive there in the past and future Among the visual field. It is a learning process rather than the life there is a process, there is a process rather than the life philosophy of life regardless of the process. Dilthey and Gadamer and Heidegger places of historical analysis for the premise. 3 by the historical role of awareness up to the United States, this keyword has not appeared in from Schleiermacher, Dilthey, or Heidegger that裡. But Heidegger once spoke to the author, the concept represented by the word directly from Dilthey and future. Indeed, the word and the "fusion of" two persons都benefit from Hegel and Dilthey, Heidegger than In order to impact. At the same time, for the resumption of encounter with the text of the history of this effort directly, the recall In order to Heidegger and Qike fruit. Up to the United States shows that it is essential that "the existence of the structure." That is to say, it is usually associated with the text coming from a tradition, crushed In order to present before the sight. 4 hermeneutics into the cycle and see in understanding the structure and the first cycle between hermeneutics, there is a close link. Hermeneutics and the cycle regardless of such a concept, not only from a part of the overall future understanding, understanding from the part of the overall future. This is a logical contradiction, but it depicts In order to understand the kind of work does not have the way to recovery. This is to see What are the relationship? Up with the United States use this word in the former understanding of the meaning of a person he can understand any part of the text and context before, must have a pre-understanding. When Schleiermacher hermeneutics for the cycle to take a more formalistic point of view, he also participate in an objective and subjective look for. In order to reject the United States is up for the subjective, and he describes, in understanding the text, our understanding of a person but a different meaning, and this sense of ownership in a situation with a theme of the event . Heidegger the hermeneutic circle and put the world on their own understanding of the context in which the world is time and the existence of the world, in order to In order to reinvent the meaning of hermeneutic circle. It exists in the time being and is expected to forward to the future, it is a person exists in the world of all possibilities of a personal meaning. Gadamer Heidegger and then one more step beyond, he is defined as the cycle of hermeneutics and the interpretation of the traditional sports were a correlation between the movement. Heidegger's masterpiece裡tradition and not important, but those for the traditional and the interpretation of the relationship between text, up to the U.S. In order to play an important role in the analysis. Up to the United States, brought into the discussion In order to "complete expectation" that the key concept, it is subject to the historical role of awareness of the operation of the core. In this part of the contents of the directory for the present review is to show to some of the major associated. 5 authority and tradition up to the United States on the authority of the traditional view is that from his understanding and the hermeneutic circle before the concept developed in the future. Enlightenment for the suspect an effort made ​​to switch the authority of the United States to see coming up is one-sided, because the authority is naturally found in the leading field in a PhD, the referee, professors and experts. Recognize these people for a topic you know even in the natural and appropriate. So regardless of up to his brother's wife is not a legitimate authority and legitimate authority, and authority as a concept to see the future is appropriate. Similarly, our traditional understanding among the living, and we should explore a more deeper with our traditional relationship. Traditional German text is Űberlieferung, incurs passed along . Once again, as a fair decision without dialogue and is not legal to see, up to the United States against this anti-traditional views of the Enlightenment. 6 Depending on the domain of integration sight philosophy of integration is another sign up to the United States is not to find elsewhere. Basically, the text of the encounter with a sight In order to involve the integration of text and interpreter of the visual field of sight. And a man's own awareness is a fusion of traditional with the product. "That is convenient to get a sight of their own, but also requires a fusion of traditional with." In order for each dialogue also involves a fusion of sight. It is a wildcard description of the terminology. 7 Dialogue dialogue leading up to the U.S. interpretation of the theme of philosophy, relying on a life of his ideal, he as such a show of openness. Schleiermacher as high as the United States in general, is a talented rapper. However, the need for a fruitful dialogue open to others point of view, and the need to recognize that he or she may be right. In a true dialogue, both sides都want to talk more close to the truth regardless of management topics, which are more important than winning. Finally, the dialogue is a basic hermeneutical tool, a means to understand, so we coming close to the theme of the issue, but ready to change our point of view. An introductory section explains that the lecture will present seven key terms, representing seven aspects of the universal process of understanding. It is noted that a published lecture in Chinese by this author under the title "Seven Key Terms in the Philosophy of Hans-Georg Gadamer "is not the same as this, and indeed only one of the terms in that lecture is used in this one, although four of them are used in tomorrow's lecture. An introductory section explains that the lecture will present seven key terms, representing seven aspects of the universal process of understanding. It is noted that a published lecture in Chinese by this author under the title "Seven Key Terms in the Philosophy of Hans-Georg Gadamer" is not the same as this, and indeed only one of the terms in that lecture is used in this one, although four of them are used in tomorrow's lecture. 1. Sprachlichkeit-Linguisticality As Gadamer notes in the final third of Truth and Method, language is the "universal medium of hermeneutical experience." It is the medium in which things are understood, the medium in which understanding and interpretation take place. It is fundamental and prior to everything. It makes things possible, and without it understanding cannot take place at all. It is the medium in which truth happens, although there is more than this to the happening of truth. Sprachlichkeit is the term Gadamer uses to name the "universal priority" of language. 2. Geschichtlichkeit-Historicity Like language, history is a universal medium, and historicity is raised to the status of "a hermeneutical principle. "To understand historicity, one has to go back to the six sections of Heidegger's Being and Time that carry the heading" Temporality and Historicity. "Already this title correctly suggests that historicity is a consequence of the ontological structure of Dasein as a being that lives with a past and a present, and also extends itself into the future through projecting possible being. Heidegger is indebted to Dilthey for the term and sense of historicity, but in Dilthey the basic process is life, whereas in Heidegger, the basic process is being-in-the-world in horizons of past and future. It is an ontological process rather than a life process, a process of being rather than the vitalism of life in life-philosophy. Gadamer presupposes Dilthey's and Heidegger's analysis of Geschichtlichkeit . 3. das wirkungsgeschichtliche Bewusstsein-the Historically Effected Consciousness This is a key term in Gadamer that does not appear in Schleiermacher, Dilthey, or Heidegger. Heidegger once remarked to the author that the idea that this term represents is straight out of Dilthey. Certainly it and the "fusion of horizons" are more indebted to Hegel and Dilthey than to Heidegger. At the same time, the effort to restore the historical immediacy of encounter with a text recalls Heidegger and Kierkegaard. Gadamer argues that the essence of it is " the structure of experience. "That is to say, it shatters the present horizon, usually with a text from tradition. 4. Hermeneutische Zirkel and Vorurteil-Prejudice and the Hermeneutical Circle There is an intimate connection between the fore-structure of understanding and the hermeneutical circle. The hermeneutical circle refers to the idea that one understands the part from the whole, but also the whole from the parts. This is a logical contradiction, but it describes the back and forth way that understanding works. What has this to do with prejudices ? Gadamer uses this word as synonymous with pre-understanding, and one has to have a prior understanding before one can understand any part of a text or situation. While Schleiermacher took a more formalistic view of the hermeneutical circle, he also looked at the objective and subjective sides. Gadamer rejects the subjective side and explains that in understanding a text we are not understanding a person but a meaning that resides in a situation and a subject-matter. Heidegger revolutionized the meaning of the hermeneutical circle by placing it in the context of an understanding of self and world that is temporal and existential. It exists in time and anticipates a future, and it is the personal sense of one's possibilities for being in the world. Gadamer took a step beyond Heidegger by defining the hermeneutical circle as the interplay between the movement of tradition and that of the interpreter. Tradition plays little role in Heidegger's masterwork, but it and the interpreter's relation to the text loom large in Gadamer's analysis. The discussion brings in the key concept in Gadamer of the "anticipation of completion" which is central to the working of historically effected consciousness. A review of the table of contents for the section is presented to show some of the major relationships. 5. Autorität und Tradition-Authority and Tradition Gadamer's views with regard to authority and tradition grow out of his concepts of preunderstanding and the hermeneutical circle. The effort by the Enlightenment to discredit all authority seemed one-sided to Gadamer because authority is naturally accorded to doctors, judges, professors, and other experts in a field. To acknowledge that they know more about a subject than you do is natural and appropriate. So Gadamer speaks of legitimate authority and illegitimate authority, but authority as a concept seems appropriate. Likewise, tradition inhabits our understanding, and we should seek an ever deeper relationship to our tradition. The German word for tradition is Űberlieferung, that which is handed down. Again, Gadamer takes up arms against the Enlightenment prejudice against tradition as illegitimate without dialogue or a fair trial. 6. Horizontverschmelzung-Fusion of Horizons The "fusion of horizons "is another trademark of Gadamerian philosophy. It is not found elsewhere. Basically, the encounter with the text involves a fusion of horizons, that of the text and that of the interpreter. Also one's own consciousness is a product of a fusion of horizons with the tradition. "Even to acquire one's own horizon requires a fusion of horizons with the tradition." Every conversation, too, involves a fusion of horizons. It is an all-purpose term. 7. Conversation Conversation is a leitmotif of Gadamer's hermeneutical philosophy, an ideal he lived by, an openness he exemplified. Schleiermacher was a gifted conversationalist, as was Gadamer. But a fruitful conversation requires openness to the viewpoint of the other person, and the acknowledgement that he or she could be right. In a true conversation both partners want to come closer to the truth about a matter, and that is more important than winning. Ultimately, conversation is a basic hermeneutical tool, a means of reaching understanding, so we approach a subject with questions, but ready to change our point of view. (shrink)

Hope is more than a wish. It is true. It is real. Lee Strobel's trademark investigative style gives readers the confidence to know that true, dependable hope is found in Jesus Christ and that living with hope will make a life-changing difference in people's lives each day.

FoLLI-LNCS is the publication platform for the Association of Logic, Language and Information. The Association was founded in 1991 to advance research and education on the interface between logic, linguistics, computer science, and cognitive science. The FoLLI Publications on Logic, Language and Information aim to disseminate results of cutting-edge research and tutorial materials in these interdisciplinary areas. This LNCS volume is part of FoLLi book serie and contains the papers presented at the 5th International Workshop on Logic, Rationality and Interaction/, (...) held in October 2015 in Taipei, Taiwan. The topics covered in this program well represent the span and depth that hasby now become a trademark of the LORI workshop series, where logic interfaceswith disciplines as diverse as game theory and decision theory, philosophyand epistemology, linguistics, computer science and artificial intelligence. (shrink)

Filmosophy is a provocative new manifesto for a radically philosophical way of understanding cinema. It coalesces twentieth-century ideas of film as thought (from Hugo Münsterberg to Gilles Deleuze) into a practical theory of "film-thinking," arguing that film style conveys poetic ideas through a constant dramatic "intent" about the characters, spaces, and events of film. Discussing contemporary filmmakers such as Béla Tarr and the Dardenne brothers, this timely contribution to the study of film and philosophy will provoke debate among audiences and (...) filmmakers alike. FILMOSOPHY ® is a registered U.S. trademark owned by Valentin Stoilov (www.filmosophy.com) for educational services in the field of motion picture history theory and production. Mr. Stoilov is not the source or origin of this book and has not sponsored or endorsed it or its author. (shrink)

Recently ethical implications of human resource management have intensified the focus on care perspectives in management and organization studies. Appeals have also been made for the concept of organizational care to be grounded in philosophies of care rather than business theories. Care perspectives see individuals, especially women, as primarily relational and view work as a means by which people can increase in self-esteem, self-develop and be fulfilled. The ethic of care has received attention in feminist ethics and is often socially (...) construed as a feminine ethic. Although well developed in the caring professions there remains no model or definition of the care ethic in management literature with little care research undertaken. This paper develops the concept of the care ethic using Heidegger’s philosophy, namely, care is fundamental to human being. To show Heideggerian care, an individual notices, pays attention to another and responds in ways to empower and enable. In a study which aimed to analyze women’s lived experience of career, we applied the philosophically grounded methodology hermeneutic phenomenology. Findings revealed the power of Heideggerian care, Sorge, as a key factor in creating meaning. From this, we propose that care has potential as a theoretical and philosophically based construct with strong practical implications. It provides a way of understanding the care ethic, lies at the heart of our being, and is essential to meaning in our grelationships and undertakings. Crucially, it can provide reprieve from the existential angst that trademarks our being. (shrink)

Self-recognition by 86 children was assessed using the mirror mark test in two different social contexts. In the classic mirror task condition, only the child was marked prior to mirror exposure . In the social norm condition, the child, experimenter, and accompanying parent were marked prior to the child’s mirror exposure . Results indicate that in both conditions children pass the test in comparable proportion, with the same increase as a function of age. However, in the Norm condition, children displayed (...) significantly more hesitation while removing the mark, often touching it without removing it or, if so, promptly putting the mark back onto their forehead. In the Classic condition, only one child showed such hesitation. These results suggest that from the outset, mirror self-recognition can refer to social awareness. This link is interpreted as the trademark of human self-consciousness, a deeply rooted “looking glass” self-awareness. (shrink)