Search

The article focuses on developments in the law trade-marks and unfair competition. In a competitive economy where each manufacturer seeks to maintain or improve his market position, the devices which facilitate his task are of great social and economic importance. Superiority of goods is not itself sufficient, for the manufacturer must find a way of impressing the identity of his product on the public consciousness. Through a symbol associated with his goods, the trade-mark, he finds a legally protected means to this end.

This article focuses on the Section 7 of Clayton Act amended to limit asset acquisitions. Acquisitions of stock of two or more corporations were similarly limited. A failure to include within this control the corporate combination techniques of asset purchase, merger or consolidation led to a complete frustration of legislative purpose. The change makes clear that even in cases where the corporations had been engaged in competition as to all the products manufactured or services rendered by each, the acquisition would not be condemned unless the effect might be a substantial lessening of competition in any section of the country. Therefore, it would seem that the market position of the acquiring corporation, the number of remaining competitors and the strength of each, and difficulty of new entry into the market should also be considered.