Mar 3, 2010

There oughtta be a law!

Observing the fractured logic and simpleton appeals of politicians and lobbyists for and against a new agency to "protect" consumers in the financial markets, it occurs to me that Congress should pass the following law. Do you agree?

(The last paragraph is especially cuddlesome to a libertarian soul.)


(1)
Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which--
(A)
is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person, or
(B)
in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person's goods, services, or commercial activities, shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act.

(2)

As used in this subsection, the term "any person" includes any State, instrumentality of a State or employee of a State or instrumentality of a State acting in his or her official capacity. Any State, and any such instrumentality, officer, or employee, shall be subject to the provisions of this Act in the same manner and to the same extent as any nongovernmental entity.

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After we get this one passed, we just need a companion piece, almost identically worded, which criminalizes the acts mentioned.

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