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13 - The Unregulated Certification Mark(et)

from PART V - Trademarks, Certification and Standards

Published online by Cambridge University Press:  04 September 2019

Jorge L. Contreras
Affiliation:
University of Utah
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Summary

Certification mark law – a branch of trademark law – itself enables consequences that undermine the law’s own goals through inadequate regulation or oversight. Because the law allows certification standards to be kept vague, high-level, and underdeveloped, a certifier can choose to exclude certain businesses inconsistently or arbitrarily, even when those businesses’ goods or services would seem to qualify for the certification mark (particularly to consumers). Moreover, even when a certification standard is clear and complete, certifiers can wield their marks anticompetitively.

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The Cambridge Handbook of Technical Standardization Law
Further Intersections of Public and Private Law
, pp. 231 - 251
Publisher: Cambridge University Press
Print publication year: 2019

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