Keyword-Linked Advertising, Trademark Infringement, and Google’s Contributory Liability

A number of trademark holders have recently challenged the policies of Google and other Internet search engines that allow the trademark owner\u27s competitors to purchase advertising space linked specifically to the owner\u27s trademarks when entered as search terms. This iBrief examines the application of trademark law to this practice and concludes that Google would be contributorially liable for trademark infringement only when the advertising links lead to consumer confusion about the identity of the advertiser

Addressee Errors in ATC Communications: The Call Sign Problem

Communication errors involving aircraft call signs were portrayed in reports of 462 hazardous incidents voluntarily submitted to the ASRS during an approximate four-year period. These errors resulted in confusion, disorder, and uncoordinated traffic conditions and produced the following types of operational anomalies: altitude deviations, wrong-way headings, aborted takeoffs, go arounds, runway incursions, missed crossing altitude restrictions, descents toward high terrain, and traffic conflicts in flight and on the ground. Analysis of the report set resulted in identification of five categories of errors involving call signs: (1) faulty radio usage techniques, (2) call sign loss or smearing due to frequency congestion, (3) confusion resulting from similar sounding call signs, (4) airmen misses of call signs leading to failures to acknowledge or readback, and (5) controller failures regarding confirmation of acknowledgements or readbacks. These error categories are described in detail and several associated hazard mitigating measures that might be aken are considered

Results from the centers for disease control and prevention's predict the 2013-2014 Influenza Season Challenge

Background: Early insights into the timing of the start, peak, and intensity of the influenza season could be useful in planning influenza prevention and control activities. To encourage development and innovation in influenza forecasting, the Centers for Disease Control and Prevention (CDC) organized a challenge to predict the 2013-14 Unites States influenza season. Methods: Challenge contestants were asked to forecast the start, peak, and intensity of the 2013-2014 influenza season at the national level and at any or all Health and Human Services (HHS) region level(s). The challenge ran from December 1, 2013-March 27, 2014; contestants were required to submit 9 biweekly forecasts at the national level to be eligible. The selection of the winner was based on expert evaluation of the methodology used to make the prediction and the accuracy of the prediction as judged against the U.S. Outpatient Influenza-like Illness Surveillance Network (ILINet). Results: Nine teams submitted 13 forecasts for all required milestones. The first forecast was due on December 2, 2013; 3/13 forecasts received correctly predicted the start of the influenza season within one week, 1/13 predicted the peak within 1 week, 3/13 predicted the peak ILINet percentage within 1 %, and 4/13 predicted the season duration within 1 week. For the prediction due on December 19, 2013, the number of forecasts that correctly forecasted the peak week increased to 2/13, the peak percentage to 6/13, and the duration of the season to 6/13. As the season progressed, the forecasts became more stable and were closer to the season milestones. Conclusion: Forecasting has become technically feasible, but further efforts are needed to improve forecast accuracy so that policy makers can reliably use these predictions. CDC and challenge contestants plan to build upon the methods developed during this contest to improve the accuracy of influenza forecasts. © 2016 The Author(s)

The Emperor Has No Clothes: Confronting the DC Circuit’s Usurpation of SEC Rulemaking Authority

In The Emperor Has No Clothes: Confronting the D.C. Circuit’s Usurpation of SEC Rulemaking Authority, Professor James D. Cox of Duke University School of Law & Benjamin J.C. Baucom, recent law clerk to Justice Don R. Willett of the Supreme Court of Texas, argue “that the level of review invoked by the D.C. Circuit in Business Roundtable and its earlier decisions is dramatically inconsistent with the standard enacted by Congress.” They conclude “that the D.C. Circuit has assumed for itself a role opposed to the one Congress prescribed for courts reviewing SEC rules.

Claim Re-Construction: The Doctrine of Equivalents in the Post-Markman Era

In the post-Markman era, the Federal Circuit has focused attention on the public notice function of patent claims in equivalents cases, and it has come to emphasize precision and accuracy in claim drafting. This Article argues that recent judicial emphasis on the public notice function of patent claims is an inappropriate innovation policy. The demand for highly refined patent claims increases patent acquisition expenditures that are unlikely to increase social welfare, cause patent rights to be distributed unevenly, and are inconsistent with the structural features of the patent system. This Article presents two mechanisms to accommodate the doctrine of equivalents in the post-Markman era. One is the reinvigoration of the reissue proceeding. The other is allowing judicial amendment of patent claims during infringement litigation proceedings, much like the longstanding British practice. This shift would allow courts to pursue the policy goals of Markman for literal and equivalent infringement alike

The Tragedy of Distrust in the Implementation of Federal Environmental Law

The relationship between the EPA and Congress Since the founding of the EPA in 1970 has been marked by congressional oversight that has seriously frustrated the development and implementation of federal environmental protection policy. A destructive cycle has emerged: agency distrust has led to the failure of its policies, creating further distrust and further failure

Avoiding the pitfalls in taxing financial intermediation

Enthusiasts for financial sector tax reform typically come either with some form of"flat tax"(including value added tax on financial services, zero taxation on capital income, or a universal transactions tax) or advocating corrective taxes designed to offset market failures or achieve other targeted objectives. As a result the tax systems in most countries often end up with a complex mixture. Honohan argues that practical policy for taxation of the financial sector needs to take into account two key features of the sector: its capacity for arbitrage and its sensitivity to inflation and thus to nonindexed taxes. Where these aspects have been neglected, poorly constructed tax systems-whether the consequence of a drive for revenue or of misdirected sophistication-often have sizable unexpected side effects. A defensive stance making the minimization of such distortions as its cornerstone is the best policy.Payment Systems&Infrastructure,Economic Theory&Research,Public Sector Economics&Finance,Banks&Banking Reform,Environmental Economics&Policies,Banks&Banking Reform,Economic Theory&Research,Public Sector Economics&Finance,Environmental Economics&Policies,Financial Intermediation