5.0 REGULATION OF UNFAIR COMPETITION.

The article presents legal developments in marketing with particular focus given to the regulation of unfair competition. One of the developments describes the findings by U.S. Federal Trade Commission Administrative Law Judge Montgomery K. Hyun that an advertisement from the R. J. Reynolds Tobacco Co. Inc. was an editorial advertisement, and as such, is protected by the First Amendment. Another development describes the case of Hu-Friedy Manufacturing Co. Inc. v. Peerless International Inc. This case shows that to prevail in a complaint that a trademark is being used to create a monopoly, the complainant must prove intent to monopolize, specific anticompetitive acts, and a dangerous probability of success in the relevant market.