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Restoring Consumer SovereigntyHow Markets Manipulate Us and What the Law Can Do About It$
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Adrian Kuenzler

Print publication date: 2017

Print ISBN-13: 9780190698577

Published to Oxford Scholarship Online: August 2017

DOI: 10.1093/oso/9780190698577.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use.date: 23 May 2022

Summary of Results

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Restoring Consumer Sovereignty

Adrian Kuenzler

Oxford University Press

The persuasive force of the accepted account’s property logic has driven antitrust and intellectual property law jurisprudence for at least the past three decades. It has been through the theory of trademark ownership and the commercial strategy of branding that these laws led the courts to comprehend markets as fundamentally bifurcated—as operating according to discrete types of interbrand and intrabrand competition—a division that had an effect far beyond the confines of trademark law and resonates today in the way government agencies and courts evaluate the emerging challenges of the networked economy along the previously introduced distinction between intertype and intratype competition. While the government in its appeal to the Supreme Court in ...

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