Winning the infringement war but losing the battle for damages--a case study for trade mark litigants

The Federal Court of Australia has awarded nominal damages onlyto five major American film studios which commenced proceedingsfor, and succeeded in establishing, infringement of their trademarks.     

Parental Influence on Eating Behavior: Conception to Adolescence

The first years of life mark a time of rapid development and dietary change, as children transition from an exclusive milk diet to a modified adult diet. During these early years, children's learning about food and eating plays a central role in shaping subsequent food choices, diet quality, and weight status. Parents play a powerful role in children's eating behavior, providing both genes and environment for children. For example, they influence children's developing preferences and eating behaviors by making some foods available rather than others, and by acting as models of eating behavior. In addition, parents use feeding practices, which have evolved over thousands of years, to promote patterns of food intake necessary for children's growth and health. However in current eating environments, characterized by too much inexpensive palatable, energy dense food, these traditional feeding practices can promote overeating and weight gain. To meet the challenge of promoting healthy weight in children in the current eating environment, parents need guidance regarding alternatives to traditional feeding practices.     

Ideation and Appropriation: Wittgenstein on Intellectual Property

This paper provides a critique of the contemporary notion of intellectual property based on the consequences of Wittgenstein's “private language argument”. The reticence commonly felt toward recent applications of patent law, e.g., sports moves, is held to expose erroneous metaphysical assumptions inherent in the spirit of current IP legislation. It is argued that the modern conception of intellectual property as a kind of natural right, stems from the mistaken internalist or Augustinian picture of language that Wittgenstein attempted to diffuse. This view becomes persuasive once it is shown that a complete understanding of the argument against private language must include Wittgenstein's investigation of the role of the will in the creative process. It is argued that original thought is not born by decree of the will, but engendered by a public context of meaning and value. What marks a person as a genius is, therefore, according to Wittgenstein, not some sovereign capacity of conceptual world-making, but merely a propitious dose of intellectual courage. This revised version was published online in July 2006 with corrections to the Cover Date.     

Voter Engagement,Electoral Inequality and First‐Time Compulsory Voting

This paper reviews the problem of declining turnout and proposes as a solution a system whereby each elector would be legally obliged to vote in the first election for which they were eligible. Popular attitudes toward first‐time compulsory voting are measured and probed by means of UK data. The main findings of the paper are that first‐time compulsory voting is a politically and administratively feasible proposal that appears tentatively to command popular support and has the potential to help address a number of the problems associated with declining turnout, and in particular low rates of electoral participation among younger citizens.     

Power Sharing: Institutions,Behavior, and Peace

Grievances that derive from the unequal treatment of ethnic groups are a key motivation for civil war. Ethnic power sharing should therefore reduce the risk of internal conflict. Yet conflict researchers disagree on whether formal power‐sharing institutions effectively prevent large‐scale violence. We can improve our understanding of the effect of power‐sharing institutions by analyzing the mechanisms under which they operate. To this effect, we compare the direct effect of formal power‐sharing institutions on peace with their indirect effect through power‐sharing behavior. Combining data on inclusive and territorially dispersive institutions with information on power‐sharing behavior, we empirically assess this relationship on a global scale. Our causal mediation analysis reveals that formal power‐sharing institutions affect the probability of ethnic conflict onset mostly through power‐sharing behavior that these institutions induce.