Parody in Trademark Law: Dumb Starbucks Makes Trademark Law Look Dumb, 14 J. Marshall Rev. Intell. Prop. L. 143 (2015)

Comedian Nathan Fielder opened a coffee shop which looked like a Starbucks, but he put the word “dumb” in front of the Starbucks name. Fielder justified his behavior based on the argument that he had created a parody of Starbucks. This article explores when a parody of a trademark may be entitled to protection under the First Amendment. If so, what are the limits of this protection, especially when a trademark holder argues that the parody is diluting his or her trademark by either blurring or tarnishment? The article analyzes federal statutes and judicial decisions. It concludes with recommendations to improve U.S. trademark law

Harnessing the nursing and midwifery workforce to boost Australia\u27s clinical research impact

For the Medical Research Future Fund (MRFF) to achieve its full impact, it is necessary for health practitioners to be trained and reliably funded to deliver research and translation alongside their clinical work. We offer insight into current systems, concerns and suggestions as this applies to clinical research in nursing and midwifery. Nurses and midwives globally have a long record of delivering high quality clinical research that improves care and outcomes. An analysis of four landmark nursing-led studies in the United States illustrates the value-adding potential of such research: for every grant dollar, the return on investment ranged from $202 to$1206. In Australia, investment in nursing- and midwifery-led research also pays dividends for health care costs and population and health system outcomes, as evidenced from the many research contributions of Australian nurses and midwives over the past decade (Box)

From cassava to gari: Mapping of quality characteristics and end-user preferences in Cameroon and Nigeria

User's preferences of cassava and cassava products along the value chain are supported by specific root quality characteristics that can be linked to root traits. Therefore, providing an evidence base of user preferred characteristics along the value chain, can help in the functional choice of cassava varieties. In this respect, the present paper presents the results from focus group discussions and individual interviews on user preferred quality characteristics of raw cassava roots and the derived product, gari, ‐ one of the major cassava products in Sub Saharan Africa ‐ in major production and consumption areas of Cameroon and Nigeria. Choice of cassava varieties for farming is mainly determined by the multiple end‐uses of the roots, their agricultural yield and the processing determinants of roots that support their major high‐quality characteristics: size, density, low water content, maturity, colour and safety. Processing of cassava roots into gari goes through different technological variants leading to a gari whose high‐quality characteristics are: dryness, colour, shiny/attractive appearance, uniform granules and taste. Eba, the major consumption form of gari in Cameroon and Nigeria is mainly characterized by its textural properties: smoothness, firmness, stickiness, elasticity, mouldability. Recommendations are made, suggesting that breeding will have to start evaluating cassava clones for brightness/shininess, as well as textural properties such as mouldability and elasticity of cassava food products, for the purpose of supporting decision‐making by breeders and the development of high‐throughput selection methods of cassava varieties. Women are identified as important beneficiaries of such initiatives giving their disadvantaged position and their prominent role in cassava processing and marketing of gari

Patient engagement in designing, conducting, and disseminating clinical pain research : IMMPACT recommended considerations

The consensus recommendations are based on the views of IMMPACT meeting participants and do not necessarily represent the views of the organizations with which the authors are affiliated. The following individuals made important contributions to the IMMPACT meeting but were not able to participate in the preparation of this article: David Atkins, MD (Department of Veterans Affairs), Rebecca Baker, PhD (National Institutes of Health), Allan Basbaum, PhD (University of California San Francisco), Robyn Bent, RN, MS (Food and Drug Administration), Nathalie Bere, MPH (European Medicines Agency), Alysha Croker, PhD (Health Canada), Stephen Bruehl, PhD (Vanderbilt University), Michael Cobas Meyer, MD, MBS (Eli Lilly), Scott Evans, PhD (George Washington University), Gail Graham (University of Maryland), Jennifer Haythornthwaite, PhD (Johns Hopkins University), Sharon Hertz, MD (Hertz and Fields Consulting), Jonathan Jackson, PhD (Harvard Medical School), Mark Jensen, PhD (University of Washington), Francis Keefe, PhD (Duke University), Karim Khan, MD, PhD, MBA (Canadian Institutes of Health Research), Lynn Laidlaw (University of Aberdeen), Steven Lane (Patient-Centered Outcomes Research Institute), Karen Morales, BS (University of Maryland), David Leventhal, MBA (Pfizer), Jeremy Taylor, OBE (National Institute for Health Research), and Lena Sun, MD (Columbia University). The manuscript has not been submitted, presented, or published elsewhere. Parts of the manuscript have been presented in a topical workshop at IASP World Congress on Pain in Toronto, in 2022.Peer reviewedPublisher PD

Acoustic trauma slows AMPAR-mediated EPSCs in the auditory brainstem, reducing GluA4 subunit expression as a mechanism to rescue binaural function

Damaging levels of sound (acoustic trauma, AT) diminish peripheral synapses, but what is the impact on the central auditory pathway? Developmental maturation of synaptic function and hearing were characterized in the mouse lateral superior olive (LSO) from postnatal day 7 (P7) to P96 using voltage-clamp and auditory brainstem responses. IPSCs and EPSCs show rapid acceleration during development, so that decay kinetics converge to similar sub-millisecond time-constants (τ, 0.87 ± 0.11 and 0.77 ± 0.08 ms, respectively) in adult mice. This correlated with LSO mRNA levels for glycinergic and glutamatergic ionotropic receptor subunits, confirming a switch from Glyα2 to Glyα1 for IPSCs and increased expression of GluA3 and GluA4 subunits for EPSCs. The NMDA receptor (NMDAR)-EPSC decay τ accelerated from >40 ms in prehearing animals to 2.6 ± 0.4 ms in adults, as GluN2C expression increased. In vivo induction of AT at around P20 disrupted IPSC and EPSC integration in the LSO, so that 1 week later the AMPA receptor (AMPAR)-EPSC decay was slowed and mRNA for GluA1 increased while GluA4 decreased. In contrast, GlyR IPSC and NMDAR-EPSC decay times were unchanged. Computational modelling confirmed that matched IPSC and EPSC kinetics are required to generate mature interaural level difference functions, and that longer-lasting EPSCs compensate to maintain binaural function with raised auditory thresholds after AT. We conclude that LSO excitatory and inhibitory synaptic drive matures to identical time-courses, that AT changes synaptic AMPARs by expression of subunits with slow kinetics (which recover over 2 months) and that loud sounds reversibly modify excitatory synapses in the brain, changing synaptic function for several weeks after exposure

Impact of opioid-free analgesia on pain severity and patient satisfaction after discharge from surgery: multispecialty, prospective cohort study in 25 countries

Background: Balancing opioid stewardship and the need for adequate analgesia following discharge after surgery is challenging. This study aimed to compare the outcomes for patients discharged with opioid versus opioid-free analgesia after common surgical procedures.Methods: This international, multicentre, prospective cohort study collected data from patients undergoing common acute and elective general surgical, urological, gynaecological, and orthopaedic procedures. The primary outcomes were patient-reported time in severe pain measured on a numerical analogue scale from 0 to 100% and patient-reported satisfaction with pain relief during the first week following discharge. Data were collected by in-hospital chart review and patient telephone interview 1 week after discharge.Results: The study recruited 4273 patients from 144 centres in 25 countries; 1311 patients (30.7%) were prescribed opioid analgesia at discharge. Patients reported being in severe pain for 10 (i.q.r. 1-30)% of the first week after discharge and rated satisfaction with analgesia as 90 (i.q.r. 80-100) of 100. After adjustment for confounders, opioid analgesia on discharge was independently associated with increased pain severity (risk ratio 1.52, 95% c.i. 1.31 to 1.76; P < 0.001) and re-presentation to healthcare providers owing to side-effects of medication (OR 2.38, 95% c.i. 1.36 to 4.17; P = 0.004), but not with satisfaction with analgesia (beta coefficient 0.92, 95% c.i. -1.52 to 3.36; P = 0.468) compared with opioid-free analgesia. Although opioid prescribing varied greatly between high-income and low- and middle-income countries, patient-reported outcomes did not.Conclusion: Opioid analgesia prescription on surgical discharge is associated with a higher risk of re-presentation owing to side-effects of medication and increased patient-reported pain, but not with changes in patient-reported satisfaction. Opioid-free discharge analgesia should be adopted routinely

Effects of experience and body size on refuge choice in the crayfish Orconectes immunis

We investigated whether refuge size or experience with a refuge affected the refuge use of male Orconectes immunis crayfish. Individuals were given choices among seven refuges for 10 consecutive days. Refuges were formed from equal length but different diameter PVC pipe and placed in an array in a random sequence. Three treatments were used. In the Novel Refuge treatment, individuals were placed in a new test arena with a new arrangement of cleaned refuges every day. In the Nonremoval treatment, individuals were left in the same arena with the same set of refuges each day. In the Removal treatment, individuals were removed from the refuges each day but placed back in the same arena with the same set of refuges after the refuges had been cleaned. We found that refuge occupation was correlated with an individual\u27s size; smaller crayfish tended to use smaller refuges than larger crayfish, even though all crayfish could fit in all of the different sized refuges. When first tested, individuals initially chose larger refuges than they would subsequently settle in, suggesting that under duress, they were not as particular about refuge characteristics. Individuals in the Nonremoval and Removal treatments were significantly more consistent in their refuge use than those in the Novel Refuge treatment, suggesting that experience with a particular refuge increased use of that refuge. Individuals from the Novel Refuge treatment that were housed for a month with a single refuge did not increase their use of that sized refuge more than those that were housed without a refuge, indicating that simply occupying a refuge of a given size did not affect refuge preference