April 15, 2020

Antitrust Law

1. According to Liggett in Brooke Group, how was Brown and Williamson planning to recoup its losses from predatory pricing? Why was the Court skeptical of this theory?

2. What showing of anticompetitive harm must plaintiffs in a two-sided platform case bring after Amex? Will this lead to harms to some merchants or consumers being unredressed?

Intellectual Property Law

1. What guidance would you give as in-house counsel to Amazon after Multi-Time Machine?

2. What was Louis Vuitton's strongest argument that the toy diluted its mark. How does the treatment of parody in this case compare with Campbell?

3. What guidance would you give as in-house counsel to eBay after Tiffany?