Elicit

On August 14, 2009 the U.S Customs and Border Protection officers seized 3.9 million dollars worth in counterfeit merchandise. We might think getting a counterfeit Louis Vuitton isn’t such a big deal it looks real nobody will ever know and Louis Vuitton makes money regardless. In fact we make more harm when we purchase counterfeit goods than we would ever do by not taking time to recycle. Counterfeit goods affect us more than we will ever know, especially in this economy. The main thing is it’s not only the bags and shoes it’s now cars, watches, electronics even textiles and buttons which are harming textile factories because they are having to compete with these prices, which then leads them to going out of business. Counterfeit brings more jobs overseas and leaves less for us and even puts some companies out of business because they can keep up with the competition of the black market. The black market has grown rapidly and doesn’t seem to be coming to a stop any time soon, with such a growth in technology money laundering has became easier than ever we see more and more internet scams linked to the black market. The selling and purchasing of counterfeit goods is like taking a gateway drug for the first time it starts with something simple which then eventually leads to something dangerous and then creates a potentially harm to others. I believe this affects all of us because people are losing jobs, certain money isn’t being reported and if getting these goods here is easy what else are they capable of getting through security, could it be drugs, illegal weapons, bombs. Makes us really question, is there really any security? These men who are profiting from the counterfeit goods don’t stop there they are also running countries by bribing officials. So next time you are in the Santeen Valley also known as the Callejones in Los Angeles or in Hong Kong, China and they try and sell you that incredible Louis Vuitton counterfeit remember by buying that you’ll just be adding to the problem instead of helping to stop it.

Issue of the case

Issue of the case “A combination of manufacturers claimed that the designs of their products, though not protected by patent or copyright, were original and distinctive, sought to suppress competition by others who copied their designs and sold at generally lower prices. To this end, those in the combination systematically registered their designs and refused all sales to manufacturers and retailers of garments who dealt in the copies or would not agree not to sell them. To aid in effectuating the boycott, the combination employed "shoppers" to visit retailers' stores, established tribunals to determine whether garments were copies of designs registered, audited the books of its members, fined them for violations of its regulations, etc. In view of these things, and the power of the combination and its effect upon sales in interstate commerce, the Federal Trade Commission concluded that the practices of the combination constituted unfair methods of competition tending to monopoly and issued a "cease and desist" order.” <http://supreme.justia.com>. This case was brought to court because it conflicts with the principles of the Clayton Act sec. 14. Sale, etc., on agreement not to use goods of competitor the act states that “It shall be unlawful for any person engaged in commerce, in the course of such commerce, to lease or make a sale or contract for sale of goods, wares, merchandise, machinery, supplies, or other commodities, whether patented or unpatented, for use, consumption, or resale within the United States or any Territory thereof or the District of Columbia or any insular possession or other place under the jurisdiction of the United States, or fix a price charged there for, or discount from, or rebate upon, such price, on the condition, agreement, or understanding that the lessee or purchaser thereof shall not use or deal in the goods, wares, merchandise, machinery, supplies, or other commodities of a competitor or competitors of the less or seller, where the effect of such lease, sale, or contract for sale or such condition, agreement, or understanding may be to substantially lessen competition or tend to create a monopoly in any line of commerce.”<http://globalcompetitionforum.org.>.There for they were wrong to aid in the boycotting of the products because the products weren’t counterfeits but knock offs who weren’t pretending to be something they weren’t they were just a generic version of the original at a lower price point, and by boycotting they were possibly eliminating potential competition therefore creating a monopoly.

"The side effects of Spam"

The big issue with spam isn’t the annoying solicitation for our business, but what comes out of it once they obtain our vital information. In most cases once you’ve gave you information to spam mail they will use it against you especially if they have your bank information they will make unwanted charges to it and may even steal your identity. Most of these spam emails are truly thieves in disguise who portray themselves as trustable sellers and once you exchange that vital information you come to find out you product never arrives and there are five charges on your card. This is happening more and more with weight loss products such as diet pill offers, male enhancement pills, property for sale and the list goes on. I believe as consumers we have to be smart and educate each other about what kind of information we shouldn’t be putting on the internet because all it takes is a name and a card number and bye-bye identity. According to the survey results, by the Federal Trade Commissions “Fifty-two percent of all ID theft victims, approximately five million people in the last year, discovered that they were victims of identity theft by monitoring their accounts. Another twenty six percent - approximately 2.5 million people - reported that they were alerted to suspicious account activity by companies such as credit card issuers or banks. Eight percent reported that they first learned when they applied for credit and were turned down” Looking at those numbers makes it even more real I believe most people don’t understand how spam can seriously affect one’s life. It is a lot more serious that we think spam leads to identity theft. With the internet booming out of control we must be aware of what we are putting out there and protect ourselves from those thieves in disguise, the spamers.

Facts of the case

1.Facts of the case -- a concise statement of the facts that brought the case before the Court.

The case I choosed was The Fashion Originator’ Guild of America v. Federal Trade Commission. The case was originally argued on February 10, 1941 and decided March 3, 1941. This case was brought on because a designer who had no patent or copyright on his designs which he consider original and distinctive discovered his designs were being used and tweaked around then sold at a lower price point. Then to help and keep the integrity of his designs he encouraged his buyers to boycott the other retailers.