Bibliographic record
Abstract
While the recent Supreme Court of Canada decision in Veuve Clicquot Ponsardin v. Boutiques Cliquot Ltée. purports to extend special protection to famous marks in appropriate circumstances, a closer analysis shows that the Court's reasoning merely confirms the general tendency to interpret s.22 of the Canadian Trade-marks Act to offer no more protection than is already available under a traditional, consumer-confusion analysis. However, much as is true in decisions concerning the U.S. famous marks legislation, courts have often found in favour of plaintiffs under s.22 claims where courts have perceived defendants to have committed free-riding with respect to the plaintiffs' marks. This impulse to sanction free-riding, even despite the absence of consumer confusion as to the source of the good or service at issue, does not fall within the traditional ambit of trade-mark protection, but the desire to censure dishonest commercial practices should be followed in a duly limited manner.
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 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 | 0.005 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.001 |
| Bibliometrics | 0.002 | 0.002 |
| Science and technology studies | 0.016 | 0.006 |
| Scholarly communication | 0.007 | 0.002 |
| Open science | 0.001 | 0.003 |
| Research integrity | 0.005 | 0.004 |
| Insufficient payload (model declined to judge) | 0.007 | 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".