Revaluing Periods of Concurrent Use in Likelihood of Confusion Analyses
Bibliographic record
Abstract
Abstract In 2014, the original Utah, US-based Church of Jesus Christ of Latter-Day Saints (the ‘LDS Church’) filed a Canadian trade mark infringement lawsuit against a fundamentalist offshoot sect, known as the Church of Jesus Christ of the Latter Day Saints Inc, headed by Winston Blackmore (the ‘Blackmore Sect’), who had maintained an insular sect in Bountiful, rural British Columbia. While the LDS Church had operated in Canada before this Blackmore Sect, and registered marks for variations of its name before any attempts by the Blackmore Sect, the Blackmore Sect had registered its corporate name in British Columbia prior to the lawsuit and had maintained its Bountiful settlement under variations of the LDS Church name since 1946. Despite the Blackmore Sect having lost this case, the case highlighted discrepancies in trade mark law across jurisdictions concerning the evaluation of evidence of periods of concurrent use in likelihood of confusion analyses. While the internet has profoundly changed how prospective consumers become aware of marks, allowing public recognition of marks well beyond the locales of where their goods and services may originate or be provided, the legal determination of the value of evidence of periods of concurrent use in likelihood of confusion analyses in major jurisdictions still largely focused on geographical proximity of the territories of use and trade channels. This chapter evaluates discrepancies in such existing legal frameworks and suggests factors to be adopted to more adequately assess and value evidence of prolonged periods of concurrent use in likelihood of confusion analyses.
Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.
How this classification was reachedexpand
Full frame distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.001 | 0.001 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.000 | 0.001 |
| Scholarly communication | 0.000 | 0.000 |
| Open science | 0.000 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| 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 teacher head, 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".