Hauling in the middleman: contributory trade mark infringement in North America
Bibliographic record
Abstract
This article discusses the differing positions in the US and Canada in relation to contributory trade mark infringement. In the US, indirect liability has blossomed from its ancient roots in tort law to reach an increasingly diverse spectrum of intermediaries and this can consistently be found at the intersection of IP law and the law of the internet. The position in Canada differs in that there is no history of “secondary” liability available. In the US part of the article, the authors track the historical development of indirect trade mark liability, from its bricks and mortar origins to it modern application in relation to intermediaries such internet service providers for example. In Canada where this option is not possible, the issue is how a brand owner can frame a legal challenge against an intermediary when the ability to argue “secondary” liability from a trade mark perspective does not exist. The authors suggest that the evolution of indirect trade mark liability in American jurisprudence may inspire lawyers in other jurisdictions grappling with similar problems.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.002 | 0.004 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.002 | 0.002 |
| Science and technology studies | 0.020 | 0.009 |
| Scholarly communication | 0.005 | 0.003 |
| Open science | 0.001 | 0.004 |
| Research integrity | 0.004 | 0.005 |
| Insufficient payload (model declined to judge) | 0.005 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".