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Full-Text Articles in Law

United States V. Falstaff Brewing Corporation: Potential Competition Re-Examined, Michigan Law Review Mar 1974

United States V. Falstaff Brewing Corporation: Potential Competition Re-Examined, Michigan Law Review

Michigan Law Review

This Note will examine and criticize the perceived potential competition doctrine suggested by the Court. Then, it will discuss the questions raised in the concurrences concerning the use of subjective evidence and the role of incipient competitive effects. Finally, an alternative approach that focuses on the acquisition of or the possibility of acquiring small, "toehold" firms will be proposed.


Abuse Of Trademarks: A Proposal For Ompulsory Licensing, Mara L. Babin Jan 1974

Abuse Of Trademarks: A Proposal For Ompulsory Licensing, Mara L. Babin

University of Michigan Journal of Law Reform

This article neither deals with the propriety of the Federal Trade Commission's (FTC) proposed order nor evaluates the effectiveness of compulsory trademark licensing as a remedy for unfair trade practices.8 Rather, the pending cereal industry case is used as a point of departure for an examination of the problem of trademark abuse and the responses of the courts, the Congress, and the FTC to it. Acknowledging the legality of compulsory licensing of trademarks, the article suggests legislation which will incorporate licensing and standards for its application. Such legislation would make licensing an accessible remedy for trademark abuse while accommodating both …


Patents And Antitrust Law, Merrill N. Johnson Jan 1974

Patents And Antitrust Law, Merrill N. Johnson

Michigan Law Review

A Review of Patents and Antitrust Law by Ward S. Bowman, Jr.