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The Competitive Significance Of Brands

BY | July 28, 2014

This article is part of a Chronicle. See more from this Chronicle Deven Desai, Spencer Weber Waller, Jul 29, 2014 Brands and brand management have become a central feature of…

This article is part of a Chronicle. See more from this Chronicle

Deven Desai, Spencer Weber Waller, Jul 29, 2014

Brands and brand management have become a central feature of the modern economy and a staple of business theory and business practice. Brands also have important effects on competition and the marketplace; yet the two key areas of law concerned with competition—trademark and antitrust—have missed the importance of branding.

Contrary to the law’s conception of trademarks, br

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