Tagmarks

From Kentucky Fried Chicken’s #HowDoYouKFC campaign to viral fundraiser #IceBucketChallenge to Instagram phenomenon #TBT, hashtags as trademarks — I call them “tagmarks” — are having a moment. Given the resources that brands invest in marketing via social media, and specifically in choosing and using hashtags, it’s not surprising that some players have begun to seek federal trademark registration for those hashtags. By the end of 2015, companies had successfully registered two hundred tagmarks and sought protection for over a thousand others; the US Trademark Office granted more tagmark registrations in that year than it did in every previous year combined. But can a hashtag really be a trademark? This Article argues that because consumers are primed to perceive a hashtag primarily as a tool for search, organization, or self-expression on social media, any trademark meaning that might attach to a hashtag is necessarily a secondary meaning. As such, even tagmarks comprising suggestive or arbitrary terms will not inherently serve as source indicators and should only be granted protection upon a showing of secondary meaning

Effects of sport-specific training conditions on performance in high school field hockey players.

Many sports (e.g. field hockey, lacrosse, ice hockey) require the use of a mouthguard (MG) and the constraint of carrying a stick during play. Previous research has shown that these two conditions individually can cause decrements to athletic performance; however no research has been conducted into effect of the combination of these two conditions on both aerobic and anaerobic performance parameters. PURPOSE: The purpose of this study was to determine the effects of both chronic (during all conditioning) and acute MG and stick (MG-STK) use on aerobic fitness and anaerobic capacity over the course of a 12-week training and competition period. Additionally, this study aimed to determine whether chronic mouthguard use changes perceptions related to comfort and use of mouthguards. METHODS: 38 apparently healthy female field hockey (FH) players (15+2 yrs) from a local high school team completed the study. Participants were placed in to one of two groups: experimental (EXP; completing all conditioning with MG-STK) or control (CTL; completing all conditioning without MG-STK) by stratified random sampling matched for team level (i.e. Freshman, Junior Varsity and Varsity) and initial aerobic testing performance. Aerobic fitness was measured using a standard multi-stage fitness test (the beep test), and anaerobic capacity was measured using six repeated 40m sprints. FH-specific training as prescribed by coaching staff was performed throughout the study, with testing performed at baseline (0 weeks), mid-season (6 weeks) and post-season (12 weeks). Participants performed two sets of testing at each time point, first without mouthguard and stick (WOMG-STK) and then with mouthguard and stick (MG-STK). Tests were performed \u3e48hrs apart and results were analyzed using a 3-way analysis of variance (ANOVA). RESULTS: No difference was found in any anthropometric measurements, either between or within groups throughout the season. No main effect was found in aerobic capacity between groups; however, MG-STK testing produced a reduction in aerobic fitness at every time point (WOMG-STK: 37.41+6.65 mL·kg-1·min-1­ vs. MG-STK: 33.16+4.32 mL·kg-1·min-1; p2maxincreased from baseline to mid-testing and decreased from mid- to post-testing, resulting in no significant change from pre- to post-season testing (PRE: 33.37+4.29 mL·kg-1·min-1; MID: 37.52+6.81 mL·kg-1·min-1; POST: 34.94+6.65 mL·kg-1·min-1). No difference was found between groups or test conditions in 10m sprint, but there was a significant difference between pre- and post-testing (PRE: 2.38+0.16s; POST: 2.27+0.25s; p CONCLUSION: Chronic use of a stick and mouthguard does not negatively affect aerobic or anaerobic capacity; however acute use does create performance decrements, regardless of training group

New-School Trademark Dilution: Famous among the Juvenile Consuming Public

The recently enacted Trademark Dilution Revision Act of 2006 recalibrated the degree of fame necessary to garner protection: the TDRA applies only to a mark widely recognized by the general consuming public of the United States as a designation of source of the goods or services of the mark’s owner. By privileging those major players who succeed in turning their brands into household names, the TDRA strengthens incentives for mark-owners to ensure their logos and brand names are well-recognized not only among adult consumers, but also among children. This Article examines a set of marketing behaviors aimed at children that the TDRA\u27s revised fame standard both reflects and rewards. Deeming fewer marks famous may serve the immediate purpose of creating a higher bar for plaintiffs to successfully bring dilution claims, but that bar should be set at age twenty-one to avoid rewarding firms for making loyal consumers out of teenagers, tweens, kids and even infants

Everything New Is Old Again: Brain Fingerprinting and Evidentiary Analogy

Brain Fingerprinting uses electroencephalography to ascertain the presence or absence of information in a subject\u27s brain based on his reaction to particular stimuli. As a new forensic tool, Brain Fingerprinting technology stands poised to exert a tremendous impact on the presentation and outcome of selected legal cases in the near future. It also provides a fertile case study to examine the role of analogical reasoning in the process by which lawyers, experts, judges, and the media influence how factjinders perceive and evaluate unfamiliar types of proof When juridical metaphor disguises, distorts, or destroys ideas, it ceases to serve as an aid to understanding and functions instead as an obstacle to knowledge. This Note explores the ways in which evidentiary analogy may insidiously shape how courts treat novel forms of scientific evidence

An exploration of type 1 paediatric diabetes : child and parental perspectives

This thesis portfolio is comprised of three distinct sections: a narrative synthesis of qualitative research findings, an empirical study and the appendices.Systematic literature review: Narrative synthesisA qualitative review of studies examining the parental experiences of having a child with type 1 diabetes. This topic was chosen for its significant links to the empirical project, and to provide insight into the lived experiences of parents supporting children to live with a chronic health condition. This is of particular relevance for professionals supporting such families. Three superordinate themes were derived from nine articles.The Empirical ProjectAn empirical study examining the experiences and opinions of children with type 1 diabetes using insulin pumps. Six children were interviewed and the data was analysed using the qualitative framework, Interpretative Phenomenological Analysis (IPA). Three superordinate themes were emerged from the interviews, and the implications of such are discussed.AppendicesThe appendices support both the narrative synthesis and the empirical project. There is an accompanying reflective statement commenting upon the research process

The Coaches’ Eye: Exploring coach decision-making during talent identification

For decades, researchers and practitioners interested in talent identification have discussed the coaches’ eye: the elusive ability that allows some coaches to ‘see’ qualities in an athlete that point to their talent or future potential. While there is significant anecdotal evidence of coaches who possess this ability, there is little empirical research supporting the validity or reliability of the coaches’ eye. Guided by ecological dynamics, this thesis employs mixed methodologies to explore the decision-making that underpins how high-level coaches identify talent in Olympic combat sports. These four studies captured the processes of thirty- four coaches during the talent identification process, exploring and identifying the factors that impact on a coach’s ability to perform this integral task. A systematic review and meta-synthesis revealed that ‘instinct’ is a primary contributor to coach decision-making during talent identification (TID), allowing coaches to ‘know it when they see it’. Semi-structured interviews with international coaches explored this ‘instinct’ during TID and revealed that coaches require experience, time and knowledge of context in order to identify talent. An instrumental case study corroborated these results, and also found that there is a significant conceptual difference between talent identification and talent selection, in the eyes of this coach. Both studies indicated that coaches likely select athletes based on their capabilities as a coach, not purely on athlete ability or potential. The final study found that nine national-level coaches did not agree on the rankings of talented youth judo athletes after four days. This finding indicates that the coaches’ eye is subjective and confirms the novel findings of the prior studies; namely that coaches require time to get to know athletes, their opinions of the athletes’ talent changed over time, and coaches vary in who they ‘see’ as talented. Finally, two new models are presented: the Coach-Informed Talent Identification Process and a novel model of the Coaches’ Eye in Talent Identification. The experiential coach knowledge gathered in this thesis informed the creation of these models. This thesis indicates that the coaches’ eye is the lens through which coaches view athletes, using their expertise and experience to interpret the athlete’s raw potential, and the time spent with the athlete and the context of their identification to determine whom they will select into their team. It appears that coaches perceive talent with reference to what they can develop in an athlete; thus, coaches must be involved in the identification and selection of talented athletes. These results indicate that National Sporting Organisations should ensure that coaches are provided with the necessary time, education and guidance to ensure that athlete outcomes are optimised. This thesis provides an understanding of how the coaches’ eye works during TID and a new understanding of this term. These findings have implications for the ongoing practice and research of talent identification in combat sports, and this work contain recommendations for both coaches and national sporting organisations to improve the confidence, accuracy and reliability of the coaches’ eye when forecasting talent

Science and/as work:An introduction to this special issue

This brief essay introduces a special issue dedicated to exploring two themes: “science and work” and “science as work.” Following a brief overview of these two themes, it briefly describes the other contributions to the special issue.</p

Genetic Duties

Most of our genetic information does not change, yet the results of our genetic tests might. Labs reclassify genetic variants in response to advances in genetic science. As a result, a person who took a test in 2010 could take the same test with the same lab in 2020 and get a different result. However, no legal duty requires labs or physicians to inform patients when a lab reclassifies a variant, even if the reclassification communicates clinically actionable information. This Article considers the need for such duties and their potential challenges. In so doing, it offers much-needed guidance to physicians and labs, who may face liability, and to courts, which will hear these cases

Historiographies of science and labor:From past perspectives to future possibilities

This article offers suggestions for what a labor history of science might look like and what it might accomplish. It does so by first reviewing how historians of science have analyzed the history of both “science as labor” and “science and labor” since the 1930s. It then moves on to discuss recent historiographical developments in both the history of science and labor history that together provide an analytical frame for further research. The article ends by projecting into the future, considering how a labor history of science might help us grapple with connecting our understanding of the past with the challenges of today and tomorrow.</p