Trademark, Labor Law, and Antitrust, Oh my!
Review of Hiba Hafiz, The Brand Defense, 43 Berkeley J. Emp. & Lab. L. __ (forthcoming, 2022)
I am allergic to antitrust law, but after reading Hiba Hafiz’s recent article, I understand that my aversion is problematic. This paper combines an analysis of trademark law, labor law, and antitrust law to explain how employers exploit trademark law protections and defenses to control labor markets and underpay and under-protect workers. For most IP lawyers and professors, this article will open our minds to some collateral effects of trademark law’s consumer protection rationale on other areas of law with important consequences for economic and social policies.