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" ... Section 14 of the Restatement (Third) of Torts, a major codification of product liability law, states “One engaged in the business of selling or otherwise distributing products who sells or distributes as its own a product manufactured by another is subject to the same liability as though the seller or distributor were the product’s manufacturer.” Comment “d” to that section provides the following explanation: “Trademark licensors are liable for harm caused by defective products distributed under the licensor’s trademark or logo when they participate substantially in the design, manufacture, or distribution of the licensee’s products. In these circumstances they are treated as sellers of the products bearing their trademarks.” This is sometimes called the “apparent manufacturer doctrine.” In other words, trademark licensors are initially presumed not liable for injuries caused by their licensees’ products. However, if the licensors participate substantially in the design, manufacture, or distribution of such products, they can be held liable for defects in the products as if they were the manufacturer. Of course, state laws vary. And the “substantial participation” condition has been misunderstood by some courts applying the doctrine. ... "
" ... So, what does this look like? The very nature of codification will take time however, many organizations already have the infrastructure to begin the first steps. Perhaps the low hanging fruit lies within Employee Resource Groups (ERG’s). Historically, ERG’s have usually been voluntary, employee-led groups whose purpose was to foster a diverse inclusive workplace aligned with the ethos of the organizations they served. They are led and participated by employees who share a characteristic, whether its gender, ethnicity, religious affiliation, disability, and more. Currently, ERG’s are found in 90% of all Fortune 500 companies and are continuing to grow across the corporate milieu giving it an optimal starting point to initiate this new classification. Companies need to expand their thinking of how they engage with an ERG. In the case of disability, codification as a management style begins here. It is the ERG that can provide the corporate culture with the foundational tools and behaviors that can be ascribed to building a competitive advantage. C-level executives can view the ERG as a laboratory of ideas that provide a blueprint for integrating what many may consider a string of disparate ideas into a harmonious tool for the advancement of business culture. It is a workshop where they can discover and extrapolate from key themes such as resilience, patience, and adaptation. By reframing these archetypal themes to fit into the nomenclature of management organizations can discover the core mechanisms that define competitive advantage. ... "
" ... The precise codification of exemptions would make laws more brittle and in need of more frequent revision but would ensure the public understands and agrees with each individual exception. Instead of a police officer or district attorney being required to decide at what age a child running a lemonade stand graduates from harmless fun to criminal fine, society itself would be forced to grapple with these issues and precisely define what it believes is the best approach to each problem. ... "
" ... Whatever storyline the broadcast presents, the event will form the first major, public American salvo, from the very heart of the world of entertainment, for control and codification of that narrative. Whether one is an Oprah fan or not, her influence in Hollywood and countries beyond is tectonic, and in her chosen confessional talk-show format she serves as a speaker of truth. An interview with her cauterizes and codifies the present situation, whatever that is, for anybody who is on camera with her. It works as a milestone and as a healing commemoration of suffering. For Meghan Markle and Prince Harry, there is a strong value going forward in giving the first confessional specifically to Oprah Winfrey: The Oprah imprimatur means that the broadcast will function as a publicly-laid foundation upon which the edifice of the newly de-royaled Harry-and-Meghan narrative can rest. ... "