The valley of the dolls: Brand protection and artistic parody

In the case of Mattel Inc v Walking Mountain Productions, the toy doll manufacturer Mattel sought to prohibit a Utah photographer called Thomas Forsythe from producing and selling a series of 78 photographs entitled "Food Chain Barbie". The work had strong social and political overtones. The artist said that he chose to parody Barbie in his photographs because he wanted to challenge the beauty myth and the objectification of women. He observed: "Barbie is the most enduring of those products that feed on the insecurities of our beauty and perfection-obsessed consumer culture." The company Mattel argued that the photographs infringed its copyrights, trade marks, and trade dress. It was concerned that the artistic works would erode the brand of Barbie by wrongfully sexualising its blonde paragon of womanhood. However, Lew J of the Central District Court of California granted summary judgment for the photographer. The Court of Appeals upheld this verdict. Pregerson J held that the use of the manufacturer's copyrighted doll in parodic photographs constituted a fair use of copyright works. His Honour held that the use of manufacturer's "Barbie" mark and trade dress did not amount to trade mark infringement or dilution. This article provides a case commentary upon the Court of Appeals decision in Mattel Inc v Walking Mountain Productions, and its wider ramifications for the treatment of artistic parody under copyright law and trade mark law. It contends that the decision highlights the need for reform in Australian jurisprudence and legislation in respect of artistic parody.

Small firm internationalisation and the objective characteristics of managers: An importer's relationship marketing perspective

As a result of competitive pressures, firms are transitioning to international sourcing and initiating complex relationships with suppliers. Despite a lack of inward internationalisation research, there is progressive support for the importance of importing. Heavier focus has been placed on downstream efforts in past years, despite the fact that many factors affecting exporting also influence importing. For small and medium sized enterprises (SME), the psychic distance construct is especially important for internationalisation behaviour but there is little evidence on how perceptual psychic distance, that is the individual’s experiences, influences the buyer-seller relationship. This study draws on internationalisation process theory and commitment-trust theory, in an effort to describe the relationship between objective characteristics (i.e. language, cultural background, education and international experience) and relationship marketing (trust and commitment). The study utilises a holistic, multiple case study design to gain a deeper understanding of the inherent complexities of the relationships in dyads and how objective characteristics, which reduce psychic distance, can facilitate trust and commitment development between importers and exporters.

Quality certification and company performance: The newly developed country experience

This study investigates the impacts of ISO 9001:2008 certification on companies in Malaysia. Data were collected from CEOs and Managers through a questionnaire survey. A multivariate analysis and SPSS macro were used as statistical techniques to assess the effects of ISO 9001 certification. Results of the study indicate that ISO 9001 certified companies were having significantly greater benefits and financial performance compared to non-certified companies. However, no significant direct relationship between ISO 9001 certification and company's financial performance was found. A further investigation revealed that financial performance is actually directly related to quality and local and international business performance, which are significantly influenced by ISO 9001 certification. Therefore quality and business performances are involved in the mediational process between the financial performance of companies and ISO 9001 certification. The novelty of this research lies in the establishment of, for the first time, high level statistical relationship between ISO 9001 certification, its mediating factors and financial performance of companies.

Relationship between quality certification and financial and non-financial performance of organizations

At present, many countries have either embraced ISO9001 or used it as the basis of their national quality certification systems. However, few studies have been conducted to examine the benefits companies’ gain from achieving and implementing ISO9001 standards (Chikuku et al. 2012; Psomas et al. 2013; Sampaio et al. 2011a,b). Analysis has brought much more confused and uneven results across the countries. Turning to the experience of Malaysia, this country has witnessed a spectacular growth at an average rate of 9.89% per annum of ISO certificates issued to companies operating within its borders (ISO Survey 2012). While many companies rush to be ISO 9001 certified whether this brings about better benefits (both the financial and the non-financial) is still an open question. In this study, the research problems were first formulated from the literature and then a questionnaire survey was conducted to test the hypotheses. A survey was administered to chief executives officers and managers across manufacturing and service organizations in Malaysia. Multivariate analysis and SPSS macro developed by Preacher and Hayes were used as statistical techniques to the financial and non-financial benefits of ISO9001 certification. The survey instrument was a two-page questionnaire comprising three sections. The first section of the questionnaire covered the company’s profile. The second section consisted of 25 items on internal benefits and third section consisted of 7 items on external benefits measured on 1–5 Likert scale to assess the benefits of ISO9001 certification. Total 201 valid responses were received. Results of the study indicate that there was no significant direct relationship between ISO9001 certification and organizational financial performance, while strong statistical evidence was found to support the direct relationship between ISO9001 certification and non-financial performance. The findings of the study discovered that financial performance is actually directly related to two non-financial measures, namely quality performance and local and international business performance, which are directly and significantly influenced by ISO9001 certification. Therefore non-financial performance measures are involved in the mediational process. The findings will assist practitioners in taking right courses of action that make the implementation of this standard more effective. For example, the study findings study suggests that companies should put emphasize on nonfinancial factors to improve their financial performance.

Cultural differences and capability transfer in cross-border acquisitions: the mediating roles of capability complementarity, absorptive capacity, and social integration

This paper presents an integrative model of the impact of cultural differences on capability transfer in cross-border acquisitions. We propose that cultural differences affect the post-acquisition capability transfer through their impact on social integration, potential absorptive capacity, and capability complementarity. Two dynamic variables – the use of social integration mechanisms, and the degree of operational integration of the acquired unit – are proposed to moderate the effects of cultural differences on social integration and potential absorptive capacity. The implications for acquisition research and practice are discussed.

Las estrategias de la gestión internacional: el conocimiento como componente clave para su clasificación

[ES] El objetivo del presente trabajo es explicar la adopción de las Estrategias de la Gestión Internacional desde un enfoque del conocimiento como factor de producción clave. A partir de este factor se propone un nuevo punto de vista en relación a dichas estrategias. Se identifica, clasificar y abstrae los componentes que se encuentran detrás de los factores clásicos que explican la adopción de diferentes Estrategias de la Gestión Internacional.

Everywhere and nowhere: nearshore software development in the context of globalisation

Offshore software development has been identified as one of the most striking manifestations of contemporary globalisation and as evidence of placelessness, the idea that information and communication technologies have rendered location irrelevant. Research in the International Business and Information Systems fields, in contrast, has suggested that all locations are not equal and has identified a number of characteristics that may influence the attractiveness of a location for multinational investment and offshoring, respectively. These literatures, however, focus almost exclusively on quantitative, economic characteristics that are seen as fixed and applying uniformly throughout a whole country. They therefore offer little guidance on the suitability of particular locations as offshoring destinations, especially in countries without a track record in offshore software development. Drawing on two cases of nearshore software development centres set up by offshore service providers in the Caribbean, this paper illustrates that, while the initial decision to establish the ventures reflected a logic of placelessness, characteristics of these particular locations affected their subsequent success. Through the findings, we therefore develop a typology of espoused, unanticipated and remediable locational characteristics, which illustrates that locational attractiveness may vary significantly within countries and that offshore service providers and government agencies can modify locational characteristics to their advantage.

企业经营风险决策的组织行为学研究

This thesis has investigated the risk preferences of the Chinese company managers in kinds of simulated decision situations and their perceptions of risk concerning types of business decisions. Four studies are conducted: Study I is utility analysis. 214 company managers and 46 middle - school headmasters have responded to Utility Measurement Survey. The results indicate: (1) The risk preferences of the managers vary in the different decision situations. In most of the situations, most of the managers are risk aversion; In few situations, they are risk-seeking. (2) In some of the decision situations, there are significant differences on risk preference between business managers and school headmasters, male managers and female managers, senior managers and junior managers, managers with high qualifications and managers with low qualifications, non-state-owned firms' managers and state-owned firms' managers, medium-small sized firms' managers and large-sized firms' managers. In the other situations there aren't significant differences between them. (3) In all of the decision situations, so significant differences on risk preference are found among managers with different marriage, experience, age and education. Study II is risky decision simulation. The Risky Decision Situations Simulation Survey is administered to 82 company managers. The result indicates that firm culture, business condition, survival limit and risk preference of the superior influence the managers' risk decision-making behavior. Study III is perceptions of business decision risks. 68 company managers have filled in Decision Cases Risk Perception Inventory. The results indicate: (1) Inaccurate market analysis and prediction, instable politics and the changes of economic policy are the more risky elements to strategy decision. (2) Erroneous market analysis and prediction, appearance of new technology and the changes of market demands are the more risky elements to investment decision. (3) Poor quality control, backward technology and too large stocks are the more risky elements to production decision. (4) Shortage of development fund, wrong choice in development project and limitation of the development ability are the more risky elements to new production development decision. (5) No payment of the foreign partner's capital, the changes of national relevant policy, difficulty in marketing, too high selling prices of foreign partner's equipments are the more risky elements to joint-venture decision. (6) Unfamilarity with oneself and misjudgement in qualification of oneself are the more risky elements to personnel decision. (7) Bad market of the product, defects in product quality and the changes of consumers demands are the more risky elements to marketing decision. (8) Wrong strategy and ambiguous goals are the more risky elements to public relation decision. (9) Violation of the law, ambiguous goals and poor creation are the more risky elements to advertisement decision. (10) Deterioration of diplomatic relations, unsuitable products for foreign consumers and unfamilarity with foreign market are the more risky elements to international business decision. Study IV is structured interview. 5 company managers have answered all questions of the Interview Questionnaire. The results indicate: (1) The managers think that risks are the possible unfavourable consequences of decisions; (2) The self-ratings of the managers coordinate with the results of utility measurement; (3) The managers admit that risks always accompany bussiness decision; (4) Individual difference is found among managers on risk perception. This thesis has also pointed out the important implications of the research and discussed several further questions.