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It is not by reason of absence of a use of a mark in commerce that benign product placement escapes liability; it escapes liability because it is a benign practice which does not cause a likelihood of consumer confusion.
Here the idea is that relevant similarities between the two practices make it the case that simply by endorsing the supposedly benign practice one is already committed to endorsing the malign one.
For example, while methodological adaptationism has become and remained the standard approach in behavioral ecology, not all philosophers are convinced that this is an entirely benign practice – there are still concerns about the assumptions that this methodology requires (see, for example, Lewens, 2009; Lloyd, 2005).
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In diagnosing where the main blockage to more benign practices might lie, symposium participant Jamie Arbib, an investor and founder of the philanthropic foundation Tellus Mater, highlighted what is perhaps the most basic problem of all.
It shows great potential in reducing the need for energy- and resource-intensive manufacturing processes, which in turn reduces the amount of material required in the supply chain, and enables more environmentally benign practices.
No longer thought of as a business cost, environmentally benign practices are now viewed as a competitive advantage as companies seek to win both stockholders and customers.
Today, masturbation may serve as a running joke on "Seinfeld," but few are willing to publicly defend it as "a morally innocent and socially benign sexual practice".
More benign in practice, in theory this is little different than the Soviets executing dissidents as spies after show trials or the Chinese using their courts to legally confine thinkers they disapprove of in mental institutions.
That has made it harder to sort malign from benign business practices.
I've finally begun to practice benign neglect — the wordless shrug, the see-one-performance-not-all-of-them, or the questions about the game I didn't attend.
Most outsiders agree that Falun Gong is an essentially benign Chinese spiritual practice.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com