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Articles 6541 - 6570 of 6642

Full-Text Articles in Antitrust and Trade Regulation

The Public Interest Concept In Law And In Economics, Robert W. Harbeson Dec 1938

The Public Interest Concept In Law And In Economics, Robert W. Harbeson

Michigan Law Review

It is an interesting and perhaps important coincidence that only a year previous to the famous decision in Nebbia v. New York there appeared two volumes which together constitute an equally notable landmark in the development of economic doctrine, Professor Edward Chamberlin's Theory of Monopolistic Competition and Mrs. Joan Robinson's Economics of Imperfect Competition. While there is no evidence that the latter works influenced the outcome of the Nebbia case, the writer is of the opinion that these studies not only afford a rationale of that decision but also make desirable a re-examination of the concept of "businesses affected …

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Torts - Unfair Competition - Preventing Formation Of Contract, Anthony L. Dividio Nov 1938

Torts - Unfair Competition - Preventing Formation Of Contract, Anthony L. Dividio

Michigan Law Review

The Supreme Court of Minnesota was recently confronted with an interesting problem in the case of Johnson v. Gustafson. Real property was listed by the owner with the plaintiff, a real estate broker, who was to receive a $300 commission if she found a purchaser therefor. The plaintiff interested one Clarity in the property, but no offer to purchase was made. Desiring the property but being unwilling to pay the full price of $6,000, Clarity induced his friend Gustafson to purchase it for $5,700 with Clarity's money, directly from the owner, who had a right to sell it himself …

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Trade Restraints - Federal Trade Commission - False Representation As Unfair Method Of Competition, Frank B. Stone Jun 1938

Trade Restraints - Federal Trade Commission - False Representation As Unfair Method Of Competition, Frank B. Stone

Michigan Law Review

An order of the Federal Trade Commission issued against the defendant publisher requiring it to cease and desist from representing to prospective purchasers, contrary to fact, (1) that the purchaser was a selected person in the community to whom special offers were being made, and (2) that an encyclopedia was being given to him free, a charge being made only for an annual supplement. The Circuit Court of Appeals for the Second Circuit affirmed the first clause but dismissed the second. Held, that the second clause should be reinstated. Federal Trade Commission v. Standard Education Society, 302 U.S. …

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Patents - Monopolies - Contributory Infringement Of Process Patent, Julian Caplan May 1938

Patents - Monopolies - Contributory Infringement Of Process Patent, Julian Caplan

Michigan Law Review

Plaintiff was the owner of a patent for the process of using bituminous emulsion to retard evaporation during the curing of concrete roads. Plaintiff supplied bituminous emulsion, an unpatented material, to road builders, permitting them to use the patented curing process, but had no express licenses or royalty contracts with these contractors. Defendant, a competing manufacturer of the emulsion, sold some of this material to a road builder, knowing that it was intended to be used in infringing the process patent. Plaintiff brought suit for contributory infringement against the supplier of the materials. Held, that the owner of a …

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Constitutional Law-Interstate Commerce Apr 1937

Constitutional Law-Interstate Commerce

Indiana Law Journal

No abstract provided.

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Trade Restraints - Federal Trade Commission - False Representation As Unfair Method Of Competion, Michigan Law Review Apr 1937

Trade Restraints - Federal Trade Commission - False Representation As Unfair Method Of Competion, Michigan Law Review

Michigan Law Review

An order to cease and desist, directed against the defendant publisher and others, forbade the following trade practices: representing that its encyclopedias were given away and that only the "extension service" was sold; representing the work as given away to selected persons among whom the prospective buyer was one; representing the work as new; selling the same under two names; representing its usual price as higher than that at which it was offered; representing any person as a contributor who was not a contributor; representing any person as giving a testimonial who had not done so; publishing garbled testimonials; and …

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The Patman Act In Practice, Blackwell Smith Mar 1937

The Patman Act In Practice, Blackwell Smith

Michigan Law Review

A recent act of Congress directed against price discrimination and related phases of buying and selling has already become famous as the Robinson-Patman Act, so named for its two principal sponsors in Congress. This act has been much written about, and yet those whose law practice confronts them with daily problems in its application to the actuality of the business world find daily new aspects. The act has something to say with reference to every business transaction (in or related sufficiently to interstate commerce) which involves a price or a service or a facility in connection with the sale of …

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Book Review. Oppenheim, S. C., Cases On Trade Regulation, Ralph F. Fuchs Jan 1937

Book Review. Oppenheim, S. C., Cases On Trade Regulation, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

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Injunctions - Interest Necessary To Enjoin The Practice Of A Profession Without A License, Michigan Law Review Jan 1937

Injunctions - Interest Necessary To Enjoin The Practice Of A Profession Without A License, Michigan Law Review

Michigan Law Review

Three individual plaintiffs, as registered optometrists, and the Michigan Society of Optometrists, on behalf of themselves and duly registered members of their profession, filed a bill to enjoin the defendant corporation from violating a section of the Michigan Optometrical Act, and to specifically enjoin the advertisement of glasses and using in connection with such advertisement the statement, "Scientific eye examination included." Held, suit may be brought by parties engaged in a profession to enjoin unfair trade and practice even though such practices are punishable by criminal penalties. Seifert v. Buhl Optical Co., 276 Mich. 692, 268 N. W. …

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Book Review. Toulmin, H. A., Trade Agreements And The Anti-Trust Laws, Ralph F. Fuchs Jan 1937

Book Review. Toulmin, H. A., Trade Agreements And The Anti-Trust Laws, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

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Constitutional Law-Trade Regulation-Fair Trade Act Jun 1936

Constitutional Law-Trade Regulation-Fair Trade Act

Michigan Law Review

Plaintiff, owner of the exclusive right to sell certain popular trade-marked cosmetics in California, entered into a large number of contracts with wholesalers and retailers of that state, fixing the price at which those branded articles were to resell. Thereafter, pursuant to the provisions of the state Fair Trade Act, he brought suit to enjoin defendant, a retail druggist who had refused to make any such agreements and who, from sources unknown, had acquired such trade-marked articles, from reselling at less than the price stipulated in the contracts with others. A demurrer to the complaint was sustained, but on appeal …

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Trade Restraints-Trade Associations-Open Price Agreements- Sugar Institute Case May 1936

Trade Restraints-Trade Associations-Open Price Agreements- Sugar Institute Case

Michigan Law Review

The Sugar Institute case, decided March 30, 1936, in a unanimous decision by the Supreme Court, has been eagerly awaited by those interested in 'the limits and possibilities, under the anti-trust laws, of so-called self-regulation by industry through permissible activities of trade associations. The decision has been reported to affect some 2,000 trade associations. The case presented such a diversity of practices that any decision in it gave great promise of answering some of the many perplexing questions growing out of the enforcement of the anti-trust laws, which could not heretofore be answered from the decided cases. The fact that …

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Trade-Marks--Unfair Competition--Right Of Exclusive Selling Agent Feb 1936

Trade-Marks--Unfair Competition--Right Of Exclusive Selling Agent

Michigan Law Review

Plaintiff corporation is a retailer and importer of denture -blanks and is the exclusive American selling agent of the German company which makes them. The blanks are stamped with the trade-mark '"Heckolith," which is registered by the German maker in Germany and in the United States. The plaintiff, after putting the blanks through a secret aging process, places them on the market in distinctive boxes, which it marks with the word, "Hecolite," the Anglicized form of the German trade-mark. The plaintiff registered the mark "Hecolite" as his own, and also the mark "Heckolith," after a purported assignment of the mark …

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Unfair Trade-Right Of Privacy-Right Of Manufacturer Who Has Contracted For Use Of Celebrity's Name To Injunction Against Competitor Using Such Name Feb 1936

Unfair Trade-Right Of Privacy-Right Of Manufacturer Who Has Contracted For Use Of Celebrity's Name To Injunction Against Competitor Using Such Name

Michigan Law Review

Plaintiff, a baseball bat manufacturer, had obtained by contract with famous ball players a grant of the exclusive right to use their autographs on the style bats which the plaintiff company had developed for them. Defendant, a competing bat manufacturer, made bats in these same unpatented shapes and to designate the style of the bats placed the respective players' surnames on them in block letters. Plaintiff seeks to enjoin this practice of the defendant on the theory: (1) of unfair competition, and (2) of protection of the property right which the ball players had in the use of their names. …

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Constitutional Law-Due Process-Fair Trade Acts Jan 1936

Constitutional Law-Due Process-Fair Trade Acts

Michigan Law Review

The recent decision of the New York Court of Appeals in Doubleday, Doran & Co. v. R. H. Macy & Co., holding unconstitutional section two of the New York Fair Trade Act, presents another interesting aspect of the long struggle by manufacturers of widely known trade-marked articles to secure some adequate protection for themselves and the public against the destructive practice of retail price cutting.

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Unfair Trade-Radio Broadcast Of News Items From Papers Published By Members Of News Service Association As "Unfair Competition" Jan 1936

Unfair Trade-Radio Broadcast Of News Items From Papers Published By Members Of News Service Association As "Unfair Competition"

Michigan Law Review

Defendant radio station broadcast daily a "Newspaper of the Air" program on which it read news items from newspapers published by members of plaintiff association. Plaintiff alleges that defendant is using the results of plaintiff's labor and investment, without paying for it, to aid it in competition with plaintiff's members for advertising, and seeks to have such use of its news enjoined as "unfair competition." Held, defendant should be enjoined from "unfair competition," consisting of the appropriation and broadcast of news gathered by plaintiff while such broadcasts might damage the business of plaintiff's members. Associated Press v. KVOS, Inc. …

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Unfair Competition-Misrepresentations By A Competitor Of The Quality Or Character Of His Own Product Jan 1936

Unfair Competition-Misrepresentations By A Competitor Of The Quality Or Character Of His Own Product

Michigan Law Review

The plaintiff, an exclusive licensee under certain patents, manufactures the "Purolator" oil filter. The A. C. Filter produced by the defendant was adjudged to be an infringement of plaintiff's patent rights and a permanent injunction was granted. Defendant then changed the internal construction of its oil filter without changing the shape, color, marking or appearance and thereafter sold the changed device representing that it was the same as the earlier infringing one. From a decree of the lower court dismissing plaintiff's bill alleging unfair competition, plaintiff appealed. Held, injunction granted restraining defendant from falsely representing the filter it is …

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Alternatives In Government Control Of Economic Enterprise, Ralph F. Fuchs Jan 1936

Alternatives In Government Control Of Economic Enterprise, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

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Survival Of Actions-Effect Of Plaintiff's Death On Cause Of Action Under Sherman Act-Availability Of Quasi-Contract Remedy Jan 1936

Survival Of Actions-Effect Of Plaintiff's Death On Cause Of Action Under Sherman Act-Availability Of Quasi-Contract Remedy

Michigan Law Review

Testator had incurred losses on contracts for the sale of corn due to a conspiracy and "corner" of the market by defendants. He sued at law to recover treble damages under the Sherman Anti-Trust Act for an "injury to property." Pending the appeal, testator died, and his administrators on petition were substituted in his stead. Defendants claimed that the cause of action, which was in tort, abated upon testator's death and did not survive. Held, on the basis of the statute, 4 Edw. III, c. 7, which was to be considered part of the common law and which did …

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Unfair Competition - Forgery Of Rare Stamps Dec 1935

Unfair Competition - Forgery Of Rare Stamps

Michigan Law Review

The defendant took stamps from a common, imperforate issue and perforated them to resemble exactly a perforate issue which because of its rarity had become very valuable, These were circulated among unscrupulous dealers who passed them off on the public as the genuine rare stamps at a much lower price than the genuine. This caused the value of the genuine stamps to fall and honest dealers to lose trade, The defendant did not try to deceive the dealers; he merely pointed the way for the deception of the public. The American Philatelic Society, an organization of some four thousand stamp …

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Constitutional Law - National Industrial Recovery Act May 1935

Constitutional Law - National Industrial Recovery Act

Michigan Law Review

Defendants conducted wholesale poultry slaughterhouse markets. They had been convicted in a District Court of violating the following provisions of the "Live Poultry Code," promulgated under Section 3 of the National Industrial Recovery Act: (1) Minimum wages; (2) Maximum hours; (3) Requirement of "straight killing"; (4) Requirement of compliance with the inspection ordinances of the City of New York; (5) Requirement of filing of true reports of volume of business, etc., to the Code Authority; (6) Requirement of sale to dealers licensed by the City of New York. On a writ of certiorari to the Supreme Court of the United …

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Constitutional Law - Price Fixing - Limits Of Administrative Discretion Apr 1935

Constitutional Law - Price Fixing - Limits Of Administrative Discretion

Michigan Law Review

An order of the New York Milk Control Board prescribed a minimum selling price to be charged by wholesale dealers to their customers and also a minimum buying price to be paid by the dealers to producers. Competition fixed the minimum selling price as the maximum obtainable. Plaintiff, a wholesale dealer, could not operate at a profit and sued to enjoin enforcement of the order as arbitrary and hence violative of due process. Held, that upon these facts only, with nothing to show that efficient dealers could not operate profitably, the price limits were not arbitrary. Hegeman Farms Corp. …

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Unfair Competition -- Appropriation Of Good Will By A Non-Competitor -- Literary Property Mar 1935

Unfair Competition -- Appropriation Of Good Will By A Non-Competitor -- Literary Property

Michigan Law Review

The Texas Co. and the National Broadcasting Co. sought to enjoin the unauthorized publication and sale by the Uproar Co. of a pamphlet containing the subject-matter of Ed Wynn's advertising program, broadcast under the auspices of the Texas Co. The name "Graham," which was associated with the announcer Graham McNamee and had acquired a secondary meaning in connection with the N. B. C., appeared frequently in the pamphlet. The court found that the Texas Co. had the sole right under a contract with Wynn to the use of Wynn's script, that the N. B. C. had the exclusive right under …

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Constitutional Law -Validity Of State Recovery Acts Adopting Federal Codes, Paul G. Kauper Feb 1935

Constitutional Law -Validity Of State Recovery Acts Adopting Federal Codes, Paul G. Kauper

Michigan Law Review

Among the interesting problems raised by the enactment of state recovery legislation is the problem growing out of the attempted adoption by the states of the codes of fair competition formulated under the authority of the National Industrial Recovery Act. The validity of such state legislation may be questioned in light of the familiar doctrine of non-delegability of legislative power - a doctrine that has been written into the constitutions of both the federal and state governments by judicial determination. Before considering the application of this doctrine to the problem at hand, it will be well to refer to two …

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Cooperative Milk Marketing And Restraint Of Trade, John Hanna Jan 1935

Cooperative Milk Marketing And Restraint Of Trade, John Hanna

Kentucky Law Journal

No abstract provided.

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Are Unfair Methods Of Competition Actionable At The Suit Of A Competitor?, Grover C. Grismore Jan 1935

Are Unfair Methods Of Competition Actionable At The Suit Of A Competitor?, Grover C. Grismore

Michigan Law Review

The steps which have recently been taken, both through federal and state legislation, to regulate trade practices by outlawing what have been denominated "unfair methods of competition" have brought to the fore a problem that has vexed lawyers and legal writers for a long time. The question is whether a competitor who has been injured as a result of a rival's use of one of the condemned methods of competition can maintain any action either at law or in equity against the wrongdoer. Contrary to what has always been the practice in drafting so-called "anti-trust" laws, the legislation dealing with …

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Contracts-Arbitration-Sherman Act Nov 1934

Contracts-Arbitration-Sherman Act

Indiana Law Journal

No abstract provided.

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Federal Trade Commission-Recent Trends In Interpretation Of The Federal Trade Commission Act Jun 1934

Federal Trade Commission-Recent Trends In Interpretation Of The Federal Trade Commission Act

Michigan Law Review

The Federal Trade Commission has never been a favored child of the courts. Beginning with the first case to which the Commission was a party, the attitude of the judiciary has clearly been unfriendly. The Commission gets its powers from the Clayton Act and from the Federal Trade Commission Act. The courts have interpreted the Clayton Act strictly, and there is no sign of a change of heart by the majority of the Supreme Court in that respect; it is believed, however, that a few of the recent cases under the Federal Trade Commission Act, both in the Supreme Court …

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The Securities Exchange Act Of 1934, John E. Tracy, Alfred Brunson Macchesney Jun 1934

The Securities Exchange Act Of 1934, John E. Tracy, Alfred Brunson Macchesney

Michigan Law Review

The Congress has enacted and the President has just signed an act for the regulation of stock exchanges, to be known as the Securities Exchange Act of 1934. In order that we may understand the nature of the Act and the reasons for its enactment, it will be well first to consider briefly the organization and functions of stock exchanges, the evils that are claimed to have arisen from their existence, and some of the previous attempts which have been made to prevent the occurrence of such evils.

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Constitutional Law-Price-Fixing - Changing Attitudes Apr 1934

Constitutional Law-Price-Fixing - Changing Attitudes

Michigan Law Review

The urgent need for rebuilding and readjusting our economic system has forced the various governments to devise methods by which to achieve those ends. The legislative enactments resulting from the efforts to bring about a "recovery" are destined to be challenged on the due process ground. The public is keenly concerned not alone in the practicality of the methods selected, but in their constitutionality as well. The recent case of Nebbia v. People is not only of interest to the lawyer; it was accepted as "good copy" in leading lay publications. The Supreme Court affirmed the conviction of one Nebbia, …

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