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The wide availability of dangerous and addictive drugs is ravaging society. Such devastation is bringing ever-increasing attention from legislators, regulators and from families who have lost loved ones. The Canadian International Pharmacy Association (CIPA) believes that the online marketing and sales of such products should be banned immediately. We call on governments, technology platforms, and the ICANN community to act quickly and bring an end to opioid sales online. more
SpaceX first departed from its uniform Starlink pricing policy when it offered a reduced price for throttled service in France two years ago. Since then, many new, higher-capacity satellites have been launched, enabling SpaceX to reduce prices in low and middle-income countries like Kenya. Kenya had 405 geostationary satellite internet subscribers when Starlink became available in July 2023. more
Establishing your brand in an effort to combat counterfeiters on the ever growing and incredibly popular Chinese marketplace Alibaba can seem like a daunting task. Alibaba has grown so popular that it now ships over 12 million packages a day, compared the 3 million shipped by Amazon. Additionally, on Cyber Monday, a popular day for online shopping during the holiday season, Amazon processed 37 million orders. In comparison on Singles Day, an annual holiday in China, Alibaba processed 278 million orders. more
I saw recent headlines that claim that the time people watch streaming content is now greater than all of the time spent watching content from cable companies. A deeper look at the underlying statistics shows that this isn't entirely true, but it makes for a great headline. But it's still news that the percentage of viewing done through streaming continues to grow while the number of traditional cable customers continues to plunge. more
Marketers far and wide have piled onto the non-fungible token (NFT) craze. To some great success and fanfare, NFTs are being used to promote and monetize media, goods, and services in almost every segment. Media, Fashion, Entertainment, Sports, Gaming, Art, Beverage, Consumer Goods, Financial, and even Enterprise Software companies are getting into the mix. This brief review examines why, how, and where marketers are using NFTs, how NFTs are being abused and gives high-level advice to marketers and brand protection professionals. more
Digital communications systems always represent a collection of design trade-offs. Maximizing one characteristic of a system may impair others, and various communications services may choose to optimize different performance parameters based on the intersection of these design decisions with the physical characteristics of the communications medium. more
Domain name monitoring - that is, the detection of domains with names containing a brand-term (or other string) of interest - is a very well-established element of brand protection services. Branded domain names are of key importance to brand owners (as the basis for business-critical infrastructure (i.e. 'core' domain names), and as part of a 'tactical' portfolio of strategic and defensive registrations), but also to infringers, who can utilise domains as a means of impersonation, passing off, claimed affiliation, or traffic direction and monetisation. more
Expanding on a framework for quantifying word mark similarity by examining algorithms and proposing enhancements. This article assesses consistency with UK trademark case decisions and a search tool, explores subsequence analysis for similarity, and suggests using IPA phonetics to measure aural likeness. The objective framework could improve consistency in trademark assessments, despite the inherent subjectivity of legal tests. more
My previous article on brandable domain names1 -- that is, available (unregistered) domain names which may be appealing to any entity looking to identify a potential name for a new brand launch -- focused on the use of phonotactic (i.e. 'readability') analysis techniques to identify candidate names. more
In my recent article on mark similarity measurement, I discussed a possible framework for protecting colour marks. The framework involves the specification of each colour according to its RGB (red-green-blue) specification (in which each component is expressed as an integer value between 0 and 255), with the suggestion that the protection afforded by a colour trademark could incorporate not only this exact colour, but also all similar colours around it up to a certain 'distance'... more
In this final article in the series of studies looking at Euro 2020-related infringements, we revisit domain name infringements and consider activity across other online channels, with a focus on social media and mobile apps. Following the original study, which looked at domains registered before May 2020 with names containing "euro2020" or "euro2021," we analyzed daily activity levels in the period immediately preceding and during the competition. more
In the final three articles in my series looking at algorithms for measuring the similarity of marks, I extend the ideas to provide a more sophisticated and adaptable framework. Article 4 introduces a similarity score based on color distance in RGB space, offering a quantitative approach to trademark similarity. Article 5 refines word mark similarity by using the International Phonetic Alphabet to improve phonetic analysis. The final article presents a method for sorting colors by dominant shade, aiding in trademark review and potential guidelines for color mark protection. more
Central to many intellectual property disputes is an assessment of the degree of similarity of two contested marks. A determination of similarity is fundamentally a subjective decision involving a range of relevant tests, which include consideration of the perception of the relevant consumer and recognition of the existence of degrees of similarity within a spectrum (from high to low). more
On October 10, all ISPs in the United States were supposed to have implemented and posted broadband labels. The labels were required as part of the Infrastructure Investment and Jobs Act. Large ISPs had to post labels six months ago, and now the requirement is for all ISPs. I looked at the ISPs in a few counties I'm very familiar with, and I found a few ISPs in each county that have not posted labels that I can find on their website. more
It's sometimes easy to forget that the broadband business is just over twenty-five years old. The telephone companies had a monopoly on copper-based technologies until Congress passed the Telecommunication Act of 1996, which forced the big telephone companies to allow competition for copper-based broadband services. more
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