As a response to trade marks’ enhanced importance within trade, the EU’s interest in the area has increased by proponing a harmonization of the member states’ trade mark pro-tection so far as needed to preserve the EU’s objective of an internal market. The area is therefore regulated by an EU Directive, however allowing some national discretion. The purpose of this study was to investigate if a specific part of the trade mark protec-tion, the assessment-based confusion doctrine, corresponds on a Swedish and EU level. The aim was to locate statutory discrepancies in order to stimulate further review of the practical application of the doctrine from the analytical perspective of legal certainty. A scientifically accepted and traditional legal research method was applied when ex-amining and interpreting the sources of law. In addition, a comparative study was con-ducted between the two investigated legal systems to achieve the overall purpose. When comparing the results from the investigated sources, the legislations present a sta-tutory diversity, opening up for practical discrepancies. So was also the case with the application at the early stage of national implementation of the EU Directive. The tradi-tional national confusion doctrine, prescribing a more legal-technical assessment, did not correspond to the more flexible and contemporary EU view. Consequently, some national courts had to endure criticism for not adjusting to the EU development. Later case law however presents a very positive transition to the EU view of the confu-sion doctrine, suggesting a partial abandonment of the national legal sources of law for the benefit of EU law. Conclusion was however that despite this practical transition to EU law, statutory changes are necessary in order to safeguard the legal certainty in the way of achieving predictability.

Conservation is costly, and choices must be made about where to best allocate limited resources. I propose a regional evolutionary diversity and endangerment (RED-E) approach to prioritization of endangered species. It builds off of the evolutionary diversity and global endangerment (EDGE) approach, but will allow conservation agencies to focus their efforts on species in specific regions. I used the RED-E approach to prioritize mammal and bird species listed under the U.S. Endangered Species Act (ESA), as well as to make a ranking of species without ESA critical habitat (CH), as a practical application. Regional conservation approaches differ significantly from global approaches. The RED-E approach places a high significance on the level of endangerment of a species, but also allows for very distinct species to have increased prioritization on the RED-E list. Using the CH RED-E list, the U.S. government could begin focusing resources toward endangered and genetically diverse species.

Ce travail de thèse, s'inscrit dans une vision où la mémoire est considérée comme un système unique conservant l'ensemble de nos expériences vécues sous forme de traces multidimensionnelles, c'est-à-dire reflétant les propriétés sensori-motrices de nos expériences passées. De plus, dans cette perspective, les connaissances ne sont pas récupérées en mémoire (i.e. mémoire de contenu) mais émergent de l'interaction entre la situation actuelle et les traces de situations passées (i.e. mémoire des processus). Cette émergence des connaissances est le produit de la dynamique de mécanismes d'activation et d'intégration (modèle Act-In, Versace et al, 2014). Notre objectif était d'étudier l'influence de cette dynamique sur l'efficacité d'une activité discriminante, c'est-à-dire sur notre capacité à distinguer une connaissance d'une autre connaissance (e.g. rappel, reconnaissance). Nous avons alors réalisé deux séries d'expériences, afin de montrer que cette efficacité dépend à la fois des caractéristiques de la trace (i.e. distinctivité de la trace) et de celles de la situation (i.e. similarité entre les indices de récupération et les traces). Dans un premier temps, nous avons choisi de manipuler la distinctivité de la trace par le biais d'un paradigme d'isolation. Dans un deuxième temps nous nous sommes centrés sur la similarité motrice entre la situation de récupération et les traces d'expériences passées. La difficulté à observer des différences significatives (1ère série d'expériences) et l'originalité de certains résultats (2ème série d'expériences) tendent à confirmer l'idée d'une mémoire permettant la construction d'un comportement en réponse à une situation donnée. / This thesis is part of a vision where memory is considered as a unique system maintaining all of our experiences in multidimensional memory traces, that is to say, reflecting sensorimotor properties from our past experiences. Moreover, from this perspective, knowledge is not retrieved in memory (i.e. memory content), but emerges from the interaction between the current situation and traces of past situations (i.e. memory processes). This emerging knowledge is the product of the dynamics of activation and integration mechanisms (Act-In Model, Versace et al, 2014). Our objective was to investigate the influence of these dynamics on the effectiveness of discriminant activity, that is to say, our ability to distinguish one specific knowledge from other ones (e.g. recall, recognition). We then conducted two sets of experiments to show that this efficiency depends on both the characteristics of the memory trace (i.e. trace distinctiveness) and those of the situation (i.e. similarity between the retrieval cues and memory traces). Primarily, we chose to manipulate the trace distinctiveness through an isolation paradigm. Secondly we focused on motor similarity between the retrieval situation and traces of past experiences. The difficulty to observe significant differences (first serie of experiments) and the originality of some results (second serie of experiments) tend to support the idea of a memory allowing the construction of behavior in response to a given situation.

[pt] O trabalho visa o estudo das marcas de posição sob a perspectiva da distintividade adquirida pelo uso do conjunto marcário, composto por elemento não distintivo em local singular e específico. Para tanto, serão reunidos fundamentos na doutrina e na jurisprudência pátria que conduzam à admissão desta forma de apresentação para fins de reconhecimento e registro das marcas de posição sob o argumento do secondary meaning. / [en] The work aims at the study of position marks from the perspective of the distinctiveness acquired by the use of the trademark set, composed of a non-distinctive element in a singular and specific location. Therefore, fundamentals will be gathered in the doctrine and in the national jurisprudence that lead to the admission of this form of presentation for the purposes of recognition and registration of position marks under the argument of secondary meaning.

Sport team fans identify with a team and continually internalize their favorite team as part of their self-concept (Wann, Melnick, Russel, & Pease, 2001). However, individuals simultaneously act different from the group to fulfill a psychological need to be distinct and unique (e.g., Brewer, 1991). The majority of prior studies in sport consumption behavior have emphasized that the sense of belonging to a sport team significantly influences a fan’s attitude toward the team and consequent sport consumption behaviors. Beyond the fan-team relationship, there has been limited research on why an individual fan behaves differently from others in the group, specifically why and how sport fans assert their personal and collective selves while in groups. Furthermore, fans attach not only to their favorite sport teams, but also to a fan community which support the team. Under the optimal distinctiveness framework, group dynamics are conceptualized as perceived interchangeability of group inclusion to the same group and interindividual differences (Simon & Kampmeier, 2001). This notion highlights the opposing forces or needs between fan distinctiveness (FD), to be distinct from other group members, and fan inclusiveness (FI), to be similar to other group members, as mutual determinants of the interpersonal self. Thus, the purpose of this research is to explore the psychological mechanism through which sport fans in a fan group balance two conflicting needs of group dynamics to make a decision on team apparel consumption. This was accomplished through two studies. Study 1 employed a survey design to confirm the established evidence on the effects of team identification on team merchandise consumption behaviors in prior sport management studies. It also uncovered the role of group dynamics in sport fans’ team apparel consumption behavior. Findings of Study 1 showed that the mechanism of group dynamics was induced by a level of FI, FD, or both. With a sequential association from university identification (UID) to team identification (TID), the group dynamics were shown to significantly influence team apparel consumption behavior. Study 2 replicated the findings of Study 1 with undergraduate students and National Football League (NFL) fans across group contexts. Study 2 was implemented with the same measurement items to investigate whether the effect of group dynamics on team apparel consumption are moderated by social visibility as a situational cue as well as a boundary condition. Study 2 provided additional evidence of the mechanism underlying the impact of group dynamics on team apparel consumption across two different research contexts. The overarching theoretical implication is that the mediator (group dynamics) and moderators (social visibility and context) influence sport fans’ team apparel consumption behaviors. The pendulum effect between the opposing forces of FI and FD in terms of group dynamics provide an insightful idea to extend optimal distinctiveness theory (ODT) framework and advance the theory. FD and FI play a key role in predicting fan unique team apparel consumption behavior. Moreover, if one of the needs, either FD or FI, are too dominate, the pendulum effect will help balance the needs out. The existing concept of group dynamics explains why sport fans seek unique team products, but cannot account for the traditional perspective of TID to consumption behavior models. Therefore, the current findings further understanding of why and how individuals within a group of fans consume team products based on their unique balance between group inclusiveness and personal distinctiveness. The findings will provide practical guidelines for both teams and sports brand marketers to understand the desire of sophisticated consumers to signal their individuality and what products and services should be offered according to the context-specific need. / Tourism and Sport

Made available in DSpace on 2014-06-11T19:22:19Z (GMT). No. of bitstreams: 0 Previous issue date: 2010-08-20Bitstream added on 2014-06-13T20:09:20Z : No. of bitstreams: 1 salomao_mh_me_sjrp.pdf: 880828 bytes, checksum: 1acf7804cf3583279a73a79a2dcffae2 (MD5) / Fundação de Amparo à Pesquisa do Estado de São Paulo (FAPESP) / A atuação de processos de redução e de supressão de segmentos consonantais em fenômenos redundantes, como a concordância nominal, tende a suprimir marcas de pluralidade, provocando a possibilidade de ambiguidade referencial. Um fenômeno fonológico que reflete o processo gramatical de concordância é o da supressão de /S/, que pode afetar a marcação de pluralidade em contexto nominal. Com base nisso, o objetivo deste trabalho é o de submeter a um tratamento variacionista, de base quantitativa, dados de marcação variável de plural no SN e no SA em contexto de predicativo, obtidos em córpus coletado na região de São José do Rio Preto. O trabalho procura examinar se a marcação de pluralidade nos predicativos pode ser explicada com base em motivações exclusivamente formais, ou exclusivamente funcionais, ou ainda, com base na interação entre ambas, que consistiriam, assim, em motivações em competição (DU BOIS, 1985). A análise dos resultados mostra, por um lado, que um princípio funcional, como o as Condições de Distintividade de Kiparsky (1972), atua positivamente na marcação variável de pluralidade, mas não tem força suficiente para governar isoladamente o processo. Mostra, por outro, que as motivações formais, gerenciadas pelo Princípio do Paralelismo Formal, também exercem influência significativa na marcação variável de plural no predicativo, mas não como força predominante, na medida em que se submete a uma influência significativa das variáveis extralinguísticas escolaridade e idade. Esse comportamento dos dados não permite dar a esse princípio o poder explanatório que Labov (1996) lhe atribui, isto é, como a atuação mecânica de forças inerentemente internas ao sistema linguístico. Por essa razão, a explicação mais plausível para a marcação variável de pluralidade nos predicativos, na variedade estudada... / Both the reduction and the suppression of consonantal segments when those occur in contexts of nominal agreement tends to drop plural markers, thus creating referential ambiguities. Amongst those phenomena reflecting a process of grammatical agreement is the suppresion of /S/ in spoken Portuguese, which characterizes a phonological phenomenon that may affect plurality marking in the NP. Considering that, the present work employs a variationist and quantitative method to analyse data containing instances of predicative variable plural marking both in the NP and AP taken from a corpus collected in the area of São José do Rio Preto. This research aims to attest to whether plurality marking in the predicative context can be explained in terms of exclusively formal or exclusively functional motivations, or else, in terms of the interaction between these two kinds of motivations, thus consisting in competing motivations (DU BOIS, 1985). On the one hand, the analysis of the results evinces that a functional principle such as Kiparsky‟s Distinctiveness Conditions (1972) acts in a positive way in the variable plural marking; yet it alone does not suffice to govern the entire process. On the other hand, this work demonstrates that formal motivations governed by the Principle of Formal Parallelism have a significant influence on predicative plural marking, but not in a predominant fashion, inasmuch as the latter is subject to significant influence of extralinguistic variables such as „education‟ and „age‟. The situation of the data do not authorize that such a principle be bestowed the explanatory power that Labov (1996) ascribes to it, i.e., that idea of a mechanical acting of inherent forces whithin the inner linguistic system. For that reason, the most plausible explanation is that the predicative plural marking in the variety under scrutiny constitutes a process influenced... (Complete abstract click electronic access below)

This thesis consists of two studies together with a preliminary study, focusing on the issue of ingroup representation of the &uuml / lk&uuml / c&uuml / group. The first study, addressing the problems of stereotype content, stereotype accuracy, and stereotype consensus, was based on in-depth interviewing with twenty members of the &uuml / lk&uuml / c&uuml / group. It was hypothesized that the group members, when their social identities were salient, would locate the ingroup within a chronic way of looking at the world, namely the perceived context. The accuracy of stereotypes and the stereotype consensus commonly observed among group members depended upon the efficiency of this perceived context as an explanation. Moreover, the favorability of stereotype content also derived heavily from this perceived context. The second study, based on two hundreds &uuml / lk&uuml / c&uuml / group members, examined the effects of target group (ingroup, close outgroup, distant outgroup), type of attributes (favorable, unfavorable), comparative context (intragroup, intergroup with close outgroup, intergroup with distant outgroup, multigroup), and level of identification with the ingroup (high-identifiers, low-identifiers) on the perceptions of homogeneity. A number of hypotheses were tested and the following results were found: First, group members perceived the ingroup as more positively homogeneous than both the close and the distant outgroup. Moreover, the close outgroup was perceived as more positively homogeneous than the distant outgroup. In fact, the distant outgroup was perceived as negatively homogeneous. Second, group members perceived both the ingroup and the close outgroup as more positively homogeneous in terms of unfavorable attributes than in terms of favorable ones. On the contrary, they tended to perceive the distant outgroup as more negatively homogeneous in terms of favorable attributes than in terms of unfavorable ones. Third, the above perceptions were less accentuated in the intragroup context, while they were more accentuated in the multigroup context. Fourth, the above perceptions were more accentuated for the high-identifiers than for the low-identifiers. Apart from these main effects, a number of complicated interactions were also discovered and these results were discussed with reference to the relevant literature.

The narrative identity: Alexander Nehamas, Richard Rorty This work analyzes the problem of narrative identity developed in the works of Nehamas and Rorty. These two American philosophers work in the same – postnietzschean – paradigm. Both of them claim that the identity is not simply given to a person; rather, it is something one has to achieve if he/she wants to have one. A means both philosophers offer to such an achievement is to narrate a story about one’s person, one’s style of life and thus to create ones identity. Nehamas and Rorty assert that while creating identity one has to obey to some rules. However, the rules the philosophers announce are somewhat different. As to Nehamas, he claims that the project of the self-creation ought to be coherent and distinctive. These two criteria are to be achieved, otherwise the self-creation will fail. In addition, this project has to be accomplished in writing. Nehamas demonstrates how these criteria distinctiveness and coherence – are achieved in the writings of certain philosophers. These philosophers are Socrates, Plato, Montaigne, Nietzsche, Foucault and ultimately Nehamas himself. Nehamas suggests that all these philosophers belong to the tradition of the art of living and that all of them are primarily concerned with the projects of self-creation and self-perfection. As to Rorty, he asserts that the creator of oneself has to fulfil one major requirement. Like Nehamas, Rorty claims that the aim of self-creator, whom he... [to full text]

Orientador: Roberto Gomes Camacho / Banca: Luciani Ester Tenani / Banca: Ronald Beline Mendes / Resumo: A atuação de processos de redução e de supressão de segmentos consonantais em fenômenos redundantes, como a concordância nominal, tende a suprimir marcas de pluralidade, provocando a possibilidade de ambiguidade referencial. Um fenômeno fonológico que reflete o processo gramatical de concordância é o da supressão de /S/, que pode afetar a marcação de pluralidade em contexto nominal. Com base nisso, o objetivo deste trabalho é o de submeter a um tratamento variacionista, de base quantitativa, dados de marcação variável de plural no SN e no SA em contexto de predicativo, obtidos em córpus coletado na região de São José do Rio Preto. O trabalho procura examinar se a marcação de pluralidade nos predicativos pode ser explicada com base em motivações exclusivamente formais, ou exclusivamente funcionais, ou ainda, com base na interação entre ambas, que consistiriam, assim, em motivações em competição (DU BOIS, 1985). A análise dos resultados mostra, por um lado, que um princípio funcional, como o as Condições de Distintividade de Kiparsky (1972), atua positivamente na marcação variável de pluralidade, mas não tem força suficiente para governar isoladamente o processo. Mostra, por outro, que as motivações formais, gerenciadas pelo Princípio do Paralelismo Formal, também exercem influência significativa na marcação variável de plural no predicativo, mas não como força predominante, na medida em que se submete a uma influência significativa das variáveis extralinguísticas escolaridade e idade. Esse comportamento dos dados não permite dar a esse princípio o poder explanatório que Labov (1996) lhe atribui, isto é, como a atuação mecânica de forças inerentemente internas ao sistema linguístico. Por essa razão, a explicação mais plausível para a marcação variável de pluralidade nos predicativos, na variedade estudada... (Resumo completo, clicar acesso eletrônico abaixo) / Abstract: Both the reduction and the suppression of consonantal segments when those occur in contexts of nominal agreement tends to drop plural markers, thus creating referential ambiguities. Amongst those phenomena reflecting a process of grammatical agreement is the suppresion of /S/ in spoken Portuguese, which characterizes a phonological phenomenon that may affect plurality marking in the NP. Considering that, the present work employs a variationist and quantitative method to analyse data containing instances of predicative variable plural marking both in the NP and AP taken from a corpus collected in the area of São José do Rio Preto. This research aims to attest to whether plurality marking in the predicative context can be explained in terms of exclusively formal or exclusively functional motivations, or else, in terms of the interaction between these two kinds of motivations, thus consisting in competing motivations (DU BOIS, 1985). On the one hand, the analysis of the results evinces that a functional principle such as Kiparsky‟s Distinctiveness Conditions (1972) acts in a positive way in the variable plural marking; yet it alone does not suffice to govern the entire process. On the other hand, this work demonstrates that formal motivations governed by the Principle of Formal Parallelism have a significant influence on predicative plural marking, but not in a predominant fashion, inasmuch as the latter is subject to significant influence of extralinguistic variables such as „education‟ and „age‟. The situation of the data do not authorize that such a principle be bestowed the explanatory power that Labov (1996) ascribes to it, i.e., that idea of a mechanical acting of inherent forces whithin the inner linguistic system. For that reason, the most plausible explanation is that the predicative plural marking in the variety under scrutiny constitutes a process influenced... (Complete abstract click electronic access below) / Mestre

Do thermal barriers limit biotic composition and community similarity, potentially helping to shape biodiversity patterns at continental scales? Are environmental variables responsible for broad-scale patterns of species endemism? Are these patterns predictable? And, how can patterns of endemism can inform global conservation strategies? These are some of the questions that I attempted to answer during my doctoral research. In the first chapter, I tested one of the most contentious hypotheses in ecology: Do thermal barriers, which grow stronger along elevational gradients across tropical mountains, create a dispersal barrier to organisms and consequently contribute to the isolation and divergence of species assemblages? If so, do patterns potentially generated by this mechanism detectably relate to dissimilarity of biotic assemblages along altitudinal gradients across the mountains in the Americas? We found that mountain passes are not only higher in tropical realms, as initially thought by Janzen (1967), and extensively popularized and assumed in further research, but they are also present in temperate regions along the western coast of North America. We also found that the stronger the thermal barrier, the higher the dissimilarity between communities. However, the variance explained was low, suggesting thermal barriers play a minor role in creating and maintaining patterns of biodiversity. The second chapter raises the question of why are there more small-ranged species in some places than in others. I tested four macroecological hypotheses (H1: climate velocity; H2: climate seasonality; H3: climate distinctiveness or rarity; and, H4: spatial heterogeneity in contemporary climate, topography or habitat) to predict broad-scale patterns of species endemism, using a cross-continental validation approach. We found that there is no empirical reason, from the standpoint of model fitting, parameter estimates, and model validation, to claim that any of these hypotheses creates and maintains broad-scale patterns of endemism. Although we found statistically significant relationships, they failed stronger tests of a causal relationship, namely accurate prediction. That is, the hypotheses did not survive the test of cross-continental validation, failing to predict observed patterns of endemism. Climate velocity was dropped from some models, suggesting that early correlations in some places probably reflect collinearity with topography. The effect of richness on endemism was in some cases negligible, suggesting that patterns of endemism are not driven by the same variables as total richness. Despite low explained variance, spatial heterogeneity in potential evapotranspiration was the most consistent predictor in all models. The third chapter is aimed to evaluate the extent to which global protected areas (PAs) have included endemic species (species with small range size relative to the median range size). We measure the relative coverage of endemic species by overlapping species geographic ranges for amphibians, mammals, and birds, with the world database of PAs (1990-2016). Then we measure the rate of expansion of the global PA network and the rate of change in endemic species coverage. We found that ~30% of amphibian, ~6% of bird and ~10% of mammal endemic species are completely outside PAs. Most endemic species’ ranges intersect the PA network (amphibian species = 58%; birds = 83%; mammals = 86%), but it usually covers less than 50% of their geographic range. Almost 50% of species outside the PA network are considered threatened (critically endangered, endangered and vulnerable). We identified that ecoregions in tropical Andes, Mesoamerica, Pacific Islands (e.g., New Guinea, Solomon), Dry Chaco, and Atlantic forests are major conservation priorities areas. The historic rates of new PAs added every year to the network is between ~6,000 to ~15,000. In contrast, we found that rates of including endemic species within the PA network have been fairly slow. Historic data shows that every year, the entire geographic range of 3 (amphibians) to 6 (birds and mammals) endemic species is 100% included inside the PA network (amphibians = from 162 to 233; mammals = 10 to 84; and, amphibians = 16 to 99). Based on these trends, it is very unlikely PAs will include all endemic species (14% total endemic species, that is ~1,508 out of 11,274) currently outside the PA network by 2020. It will require five times the effort made in the last two decades. However, projections also showed that is very likely that some portions of the geographic ranges for all endemic birds and mammals, but not for all endemic amphibians, will be covered by the future PA network. I sum, I found that none of the hypotheses tested here can explain broad-scale patterns of total species richness and total species endemism. My main contribution on this research area is clearly rejecting these hypotheses from potential candidates that may explain biodiversity patterns. By removing them, we advance in this field and open possibilities to test new hypotheses and evaluate their mechanisms. I proposed that other drivers and mechanisms (whether biotic and biotic) acting at local scales, and escaping the detection of macroecological approaches, might be responsible for these patterns. Finally, in terms of conservation planning, I proposed that the international community has an opportunity to protect a great number of endemic species and their habitats before 2020, if they strategically create new PAs.