Skip to main content
LIRA@BC Law

Abstract

Declining worker power—and increasing employer power—has suppressed wage growth and increased inequality. This decline is reinforced by contradictions in law that strengthen employers’ bargaining leverage over workers. This Article exposes those contradictions, tracing how employers have exploited the consumer rights revolution to devise brand protections and defenses that justify their control over vertically disintegrated labor markets. The Article takes a systemic view of intellectual property, antitrust, and work law to uncover their interconnected protection of employers’ brand rights at the expense of worker power. Based on the insights derived from this analysis, it proposes a suite of doctrinal and regulatory reforms to work law, antitrust doctrine, and trademark licensing, all as a means of “defetishizing” brand and reversing the trend of declining worker power.

Files

File nameDate UploadedVisibilityFile size
Loading
1_Hafiz_THE_20BRAND_20DEFENSE_1_78_20Croped.pdf
7 Sep 2022
Public
1.19 MB

Metrics

Metadata

  • Subject
    • Business Organizations Law

    • Intellectual Property Law

    • Labor and Employment Law

    • Trade Regulation

  • Journal title
    • Berkeley Journal of Employment & Labor Law

  • Volume
    • 43

  • Issue
    • 1

  • Pagination
    • 1-78

  • Date submitted

    7 September 2022