AC640 Government, Public Policy, and the Law (Political Communication) :Law and Ethics [5]
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roperty. Moreover, since corporations have far greater power than
individuals, companies assumed the status of super-individuals, with rights equal to
ordinary human citizens and yet resources and influence far in excess of even the
wealthiest or most famous of people. The key section in the fourteenth amendment to the U.S. Constitution. Is below.
Subsequent interpretation of this amendment defined corporations, as well as people, as
legal persons.
“Section 1. All persons born or naturalized in the United States, and subject to the
jurisdiction thereof, are citizens of the United States and of the state wherein they
reside. No state shall make or enforce any law which shall abridge the privileges or
immunities of citizens of the United States; nor shall any state deprive any person of
life, liberty, or property, without due process of law; nor deny to any person within its
jurisdiction the equal protection of the laws.”
c. trademarks and branding
Trademark—which is “a name or symbol used to show that a product is made by a
particular company and legally registered so that no other manufacturer can use it”
(Microsoft Word dictionary)—represents a form of economic fraud in Perelman’s view.
Trademarks become commercially lucrative in the U.S. economy in the early twentieth
century, notably when goods stopped being offered primarily as bulk commodities (e.g.,
barrels of biscuits) and assumed idiosyncratic brand identities (e.g. Chips Ahoy!).
Trademarks ensured that brands retained their legal integrity, and thus made possible a
branded culture of largely artificial and manufactured distinctions between goods.
Branding adds an intangible form of value to a good, a form that benefits from an
advertising culture committed to ever-greater differentiation between brands of toilet
paper or cologne. Brand identities add to the profitability of goods by creating demand
(and thus higher prices) for these commodities far in excess of their intrinsic market
value. Clothes, shoes, or furniture from a department store like the Bay are probably just
as good as those from the Gap or Niketown. Yet, the mark-up on coveted brands like
Versace or Hummer is so great that the extra money we pay out to own these things
represents a kind of tribute that the poor and middle-class pay to the rich.
This is a 2001 list of the top 25 brands in order of their dollar value. All are worth more than one billion dollars; Coca-Cola at the time was worth $15 billion US. (Note how many
are for cigarettes, beer, soda pop, and snack food.) The source for this list is Oligopoly
Watch, a corporate watchdog linked at the Rogue’s Gallery.
Lay’s
Coca-Cola
Gillette
Marlboro
Huggies
Pepsi
Nescafe
Budweiser
Sprite
Campbell’s
Tide
Kellogg’s
Tropicana
Pampers
Wrigley’s
Benson & Hedges
Colgate
Camel
Duracell
Danone
Heineken
Fanta
Kodak
Friskies
L&M
d. intellectual property law and its importance to corporate capitalism
Even famous conservative economists like the late Friedrich Hayek and Milton Friedman
argue that the monopoly powers that patent and copyright give to corporations is a
betrayal of neo-liberal faith in free markets. But intellectual property rights have become
an indispensable source of profit to American capital, significantly improving what would
otherwise be a disastrous balance of trade. That i
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