scholarly journals Trademarks and Consumer Search Costs on the Internet

2016 ◽  
Author(s):  
Mark Lemley

In theory, trademarks serve as information tools, by conveying productinformation through convenient, identifiable symbols. In practice, however,trademarks have increasingly been used to obstruct the flow of informationabout competing products and services. In the online context, inparticular, some courts have recently allowed trademark holders to blockuses of their marks that would never have raised an eyebrow in abrick-and-mortar setting - uses that increase, rather than diminish, theflow of truthful, relevant information to consumers. These courts havestretched trademark doctrine on more than one dimension, both by expandingthe concept of actionable "confusion" and by broadening the classes ofpeople who can face legal responsibility for that confusion. And they havebased their decisions not on the normative goals of trademark law, but onunexplored instincts and tenuous presumptions about consumer expectationsand practices on the Internet. We argue that this expansionist trend inInternet trademark cases threatens to undermine a central goal of theLanham Act - to promote fair and robust competition through reducingconsumer search costs.

2017 ◽  
Vol 4 (1) ◽  
pp. 1-6
Author(s):  
David Smith ◽  
M. Aslm Qayyum ◽  
Natascha Hard

Abstract Studying via the Internet using information tools is a common activity for students in higher education. With students accessing their subject material via the Internet, studies have shown that students have difficulty understanding the complete purpose of an assessment which leads to poor information search practices. The selection of relevant information for particular learning assessments is the topic of this paper as it describes a case study that focuses on the information tool use of a small group of participants and is a continuation of similar research studies. The study and discussed research findings point to the benefit of students use of a visualisation tool to provide relevant learning cues and to transition to improved engagement with online assessment.


2012 ◽  
Vol 102 (2) ◽  
pp. 1140-1160 ◽  
Author(s):  
Heski Bar-Isaac ◽  
Guillermo Caruana ◽  
Vicente Cuñat

The Internet has made consumer search easier, with consequences for prices, industry structure, and the kinds of products offered. We provide an industry model with strategic design choices that explores these issues. A polarized market structure results: some firms choose designs aimed at broad-based audiences, while others target narrow niches. We analyze the effect of reduced search costs, finding results consistent with the reported prevalence of niche goods and long-tail and superstar phenomena. In particular, the model suggests that long-tail effects arise when there is a wide range of potential designs, relative to vertical heterogeneity among firms. JEL: D11, D21, D83, L11, L86, M31


Author(s):  
Clarisa Long

Chapter 9 summarizes the dominant law and economic approach to some of the doctrines comprising the two major strands of modern trademark law: classic trademark law, in which trademark protection is justified as reducing consumer search costs and preventing consumer confusion; and dilution law, which is explained by the more traditional intellectual property justifications of encouraging investment in creating valuable marks and protecting producer goodwill. It argues that the culmination of trademark law in the form of protection against dilution represents completion of a full circle of development of unfair competition law. From its start as a means of protecting merchants’ entitlement to custom, unfair competition law, and its subsidiary trademark law have evolved in several stages, which are discussed in the chapter in detail.


2016 ◽  
Author(s):  
Mark Lemley

Trademarks have value because they reduce consumer search costs and thuspromote overall efficiency in the economy.While the search costs theory provides a compelling argument for trademarkrights, it also compels an equally important - but often overlooked - setof principles for defining and limiting those rights. Certainly, trademarklaws can make it easier and cheaper for consumers to locate products withdesired qualities, thus making markets more competitive. Yet if carried toofar, trademark law can do the opposite: it can entrench market dominance byleading firms and make it harder for competitors to crack new markets. Theevolution of trademark law reflects a continual balancing act that seeks tomaximize the informational value of marks while avoiding their use tosuppress competitive information.Most of the literature on the search costs theory of trademark law hasfocused on the theory as a rationale for trademark protection. In thisarticle, we examine its role in supporting trademark defenses. We find thatsome trademark defenses unambiguously lower consumer search costs and thuspromote the goals of trademark law. Another group of defenses, however,involves behavior that increases consumer search costs for some individualseven as it improves economic conditions for others. We believe that theselatter defenses - genericness, functionality, and abandonment - maysometimes go too far in accepting increased consumer search costs as thecost of achieving competition. Rather than the all-or-nothing approachsuggested by these doctrines, we suggest that consumers would benefit froma more nuanced approach in these doctrines.


2018 ◽  
Vol 86 (3) ◽  
pp. 1258-1300 ◽  
Author(s):  
Grégory Jolivet ◽  
Hélène Turon

Author(s):  
Aleksey V. Kutuzov

The article substantiates the need to use Internet monitoring as a priority source of information in countering extremism. Various approaches to understanding the defi nition of the category of «operational search», «law enforcement» monitoring of the Internet are analysed, the theoretical development of the implementation of this category in the science of operational search is investigated. The goals and subjects of law enforcement monitoring are identifi ed. The main attention is paid to the legal basis for the use of Internet monitoring in the detection and investigation of extremist crimes. In the course of the study hermeneutic, formal-logical, logical-legal and comparative-legal methods were employed, which were used both individually and collectively in the analysis of legal norms, achievements of science and practice, and development of proposals to refi ne the conduct of operational-search measures on the Internet when solving extremist crimes. The author’s defi nition of «operational-search monitoring» of the Internet is provided. Proposals have been made to improve the activities of police units when conducting monitoring of the Internet in the context of the search for relevant information to the disclosure and investigation of crimes of that category.


2019 ◽  
Vol 52 (2) ◽  
pp. 449-468 ◽  
Author(s):  
Geoff Boeing

As the rental housing market moves online, the internet offers divergent possible futures: either the promise of more-equal access to information for previously marginalized homeseekers, or a reproduction of longstanding information inequalities. Biases in online listings’ representativeness could impact different communities’ access to housing search information, reinforcing traditional information segregation patterns through a digital divide. They could also circumscribe housing practitioners’ and researchers’ ability to draw broad market insights from listings to understand rental supply and affordability. This study examines millions of Craigslist rental listings across the USA and finds that they spatially concentrate and overrepresent whiter, wealthier, and better-educated communities. Other significant demographic differences exist in age, language, college enrollment, rent, poverty rate, and household size. Most cities’ online housing markets are digitally segregated by race and class, and we discuss various implications for residential mobility, community legibility, gentrification, housing voucher utilization, and automated monitoring and analytics in the smart cities paradigm. While Craigslist contains valuable crowdsourced data to better understand affordability and available rental supply in real time, it does not evenly represent all market segments. The internet promises information democratization, and online listings can reduce housing search costs and increase choice sets. However, technology access/preferences and information channel segregation can concentrate such information-broadcasting benefits in already-advantaged communities, reproducing traditional inequalities and reinforcing residential sorting and segregation dynamics. Technology platforms like Craigslist construct new institutions with the power to shape spatial economies, human interactions, and planners’ ability to monitor and respond to urban challenges.


Author(s):  
Novario Jaya Perdana

The accuracy of search result using search engine depends on the keywords that are used. Lack of the information provided on the keywords can lead to reduced accuracy of the search result. This means searching information on the internet is a hard work. In this research, a software has been built to create document keywords sequences. The software uses Google Latent Semantic Distance which can extract relevant information from the document. The information is expressed in the form of specific words sequences which could be used as keyword recommendations in search engines. The result shows that the implementation of the method for creating document keyword recommendation achieved high accuracy and could finds the most relevant information in the top search results.


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