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Open Access. Powered by Scholars. Published by Universities.®

Antitrust

Faculty Scholarship

Intellectual Property Law

Boston University School of Law

2021

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Full-Text Articles in Law

Trademark, Labor Law, And Antitrust, Oh My!, Jessica Silbey Sep 2021

Trademark, Labor Law, And Antitrust, Oh My!, Jessica Silbey

Faculty Scholarship

I am allergic to antitrust law, but after reading Hiba Hafiz’s recent article, I understand that my aversion is problematic. This paper combines an analysis of trademark law, labor law, and antitrust law to explain how employers exploit trademark law protections and defenses to control labor markets and underpay and under-protect workers. For most IP lawyers and professors, this article will open our minds to some collateral effects of trademark law’s consumer protection rationale on other areas of law with important consequences for economic and social policies.