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Full-Text Articles in Law

Federal Antitrust Legislation: Guideposts To A Revised National Antitrust Policy, S. Chesterfield Oppenheim Jun 1952

Federal Antitrust Legislation: Guideposts To A Revised National Antitrust Policy, S. Chesterfield Oppenheim

Michigan Law Review

The year 1952 finds various currents of controversy in the antitrust field converging toward the necessity for a survey and reappraisal of the body of congressional legislation generally known as the "federal antitrust laws." The foundation stone in the trio of principal antitrust statutes is the Sherman Act of 1890. Section 5 of the Federal Trade Commission Act and the Clayton Act of 1914, as amended, are the other two members of this major group of antimonopoly laws. While differing in particulars in its impact upon the American economy, each of these basic statutes is avowedly designed to maintain competition …


Trade-Marks And The Monopoly Phobia, Beverly W. Pattishall May 1952

Trade-Marks And The Monopoly Phobia, Beverly W. Pattishall

Michigan Law Review

If it can be said that trade-mark rights are, in fact, monopoly rights, it must be added that they are monopoly rights justified in the same way that one's own particular physiognomy is a monopoly or one's rights enumerated in the first ten amendments to the Constitution are individual monopolies.


Patent Royalties As Capital Gains Under I.R.C., Section 117(A), Ruth E. Riddell May 1952

Patent Royalties As Capital Gains Under I.R.C., Section 117(A), Ruth E. Riddell

Michigan Law Review

With the incidence of high personal surtax rates, a patentee is ordinarily interested in deriving the greatest monetary return after taxes, measured in proportion to the extent of use over what he expects to be the increasingly productive life of the intangible right evidenced by his patent, without surrendering his option to reclaim the patent in event of insolvency or lack of diligence on the part of the person to whom he transfers the patent for exploitation. Although ideal for these purposes, the favorable capital gain status under section 117(a) of the Internal Revenue Code, requiring recognition of only fifty …


Constitutional Law-Commerce Clause-Freedom Of Press-Amenability Of Newspaper To Sherman Anti-Trust Act, William K. Davenport Apr 1952

Constitutional Law-Commerce Clause-Freedom Of Press-Amenability Of Newspaper To Sherman Anti-Trust Act, William K. Davenport

Michigan Law Review

Until a competing radio station appeared on the scene in 1948, defendant newspaper was the only medium for mass advertising available in the Lorain, Ohio area. In an effort to regain its monopoly position and eliminate the radio station as a competitor, defendant inaugurated a policy of refusing to accept custom from advertisers who employed the services of its rival. Both the newspaper and the radio station received news dispatches, advertising copy, payments, and other materials from sources outside Ohio, but neither had any appreciable audience beyond the borders of the state. In a civil action brought by the United …


Regulation Of Business--Robinson-Patman Act--Defenses Of In Pari Delicto And Changed Market Conditions, William K. Davenport Apr 1952

Regulation Of Business--Robinson-Patman Act--Defenses Of In Pari Delicto And Changed Market Conditions, William K. Davenport

Michigan Law Review

A group of businessmen in Santa Rosa, New Mexico, organized a boycott against all bread except that baked by plaintiff, the sole baker in Santa Rosa, to induce him not to move his bakery out of town; plaintiff agreed to this plan. Defendant, who sold in interstate commerce, thereupon halved his bread prices in Santa Rosa while maintaining them in other towns, in order to defeat the boycott and preserve the town as a market. Plaintiff brought an action for treble damages under section 2(a) of the Robinson-Patman Act for injuries suffered from this price discrimination. The federal district court …


Regulation Of Business-Trade Restraints-Business Price And Use Restrictions Accompanying Sale Of Land, Jean Engstrom S.Ed. Jan 1952

Regulation Of Business-Trade Restraints-Business Price And Use Restrictions Accompanying Sale Of Land, Jean Engstrom S.Ed.

Michigan Law Review

Plaintiff, a wholesale and retail dealer in "Marathon" products, and the smallest wholesale distributor of gasoline in Ann Arbor, sought to enjoin defendant from selling Marathon gasoline at less than the price set under the provisions of the standard dealer's contract. Defendant bad acquired his station by a deed containing a covenant expressly intended to run with the land, providing for the operation of a filling station on the land, and a ten-year agreement that aII petroleum products sold on the premises were to be supplied by plaintiff "at such prices and on such terms as are customarily furnished to …