Can Congress Get Answers?.....
The Federal Trade Commission (FTC) is engaged in an unprecedented regulatory blitz against our economy. The Chamber has been at the front of the effort to defend American free enterprises from a growing list of FTC’s abuses.In February, we sent a letter to Congress on the need for increased oversight into the agency’s rulemaking and operations, and we thank members of the House Judiciary Committee for its efforts.Here’s what agency leadership needs to answer:Will Chair Lina Khan and other senior officials commit to following the guidance of FTC ethic officials and explaining instances where decisions diverged from their advice? In some ethics matters, she is required by law to recuse herself, in other instances she is not required to follow the legal advice she receives. However, in all instances, Chair Khan is accountable for the decisions she makes. In the case involving Meta she has intentionally thwarted the truth about not publicly explaining her decision not to recuse, to the point that a fellow Commissioner resigned over the situation. Chair Khan needs to commit to either follow the advice of ethics officials going forward or be prepared to be public and explain when she does not.
Antitrust
SCOTUS Redefines Trademark Law
The Supreme Court recently closed out the 2022-2023 term with a series of high-profile decisions that have dominated headlines. However, one unanimous decision, Abitron Austria GmbH v. Hetronic International, Inc., handed down with less coverage, bears significant implications for the American business community. The case involves Hetronic International, a U.S.-based company manufacturing heavy-duty construction equipment and radio remote controls. Hetronic contracted with Abitron, a collection of foreign companies, to distribute its products across Europe. When the partnership soured and Hetronic terminated the contract, Abitron claimed ownership of Hetronic's trademarks and IP, manufacturing and selling identical products under the Hetronic brand, profiting massively.
Intellectual Property
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