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Re: Although some historians trace the origin of British trademark law to [#permalink]
Expert Reply
­Explanation for Question 2

2. Which of the following statements, if true, most strongly supports the author’s claims regarding the state of trade and trade law in the UK prior to 1850?

To determine which choice "most strongly supports the author’s claims regarding the state of trade and trade law in the UK prior to 1850," we must understand what that claim is.

We see the following in the second paragraph:

To say there was no “law of trademarks” does not mean that there were no laws regulating misrepresentation in trade. However, the protection afforded to traders who found themselves victims of the fraudulent imitation of their marks was scattered across different sources (trade-specific statutes or maverick judicial decisions) and lacked any unifying logic.

So, the correct answer will support the claim that, basically, "laws regulating misrepresentation in trade" or providing protection against "fraudulent imitation" were a complex mess.

A. In the UK prior to 1850, consumers paid little attention to traders’ marks in choosing which goods to buy.

This statement about what consumers paid attention to does not mean that the laws were a complex mess.

Eliminate.

B. Prior to 1850, British traders were responsible for the largest proportion of goods sold to the British colonies.

This statement about the proportion of goods sold by British traders does not mean that the laws were a complex mess.

Eliminate.

C. In the UK prior to 1850, cutlery makers, clothiers, and artists each developed separate regulations regarding fraudulent imitation in their respective fields.

The fact that each of these groups had separate regulations regarding fraudulent imitation is an example of laws regulating fraudulent imitation being a complex mess.

So, this choice provides support for the author's claim.

Keep.

D. Prior to 1850, the UK adopted its first comprehensive law setting minimum quality standards for various products.

The fact that, prior to 1850, the UK had a comprehensive law setting mininum quality standards does not seem to support or conflict with the author's claim since the author's claim is about laws "regulating misrepresentation in trade" and those against "fraudulent imitation," rather than those "setting ... quality standards."

At the same time, in case we aren't 100 percent sure that "laws setting ... quality standards" are not somehow related to the author's claim about "the state of trade," we can eliminate this choice anyway by noticing the following. The fact that there was a "comprehensive law" would conflict with, rather than support, the claim that the state of trade and trade law was a complex mess.

Eliminate.

E. Prior to 1850, British traders were usually unaware when someone used their marks fraudulently.

This fact about what traders were aware of does not indicate that the trade laws were a complex mess.

Eliminate.

Correct answer: C
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Re: Although some historians trace the origin of British trademark law to [#permalink]
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­Explanation for Question 3

3. According to the passage, which of the following statements about trade in the UK prior to 1850 is correct?

The entire passage is about "trade in the UK prior to 1850." So, to answer this question, we'll likely have to find in various areas of the passage information relevant to considering the choices.

A. Laws regulating misrepresentation in trade came from a variety of disparate sources.

This choice appears to be another way of saying what the second paragraph says:

To say there was no “law of trademarks” does not mean that there were no laws regulating misrepresentation in trade. However, the protection afforded to traders who found themselves victims of the fraudulent imitation of their marks was scattered across different sources

"The protection afforded to traders" is presumably "laws regulating misrepresentation in trade." So, the passage indicates that such laws were "scattered across different sources."

Keep.

B. Most traders used guild-specific marks as identifiers on their goods.

Regarding "guild-specific marks," the passage says nothing. It just briefly mentions "guilds" in the first paragraph.

Eliminate.

C. Imitating other traders’ marks was not the most common type of fraud committed by unscrupulous traders.

The passage does not compare how "common"  different types of fraud were.

Eliminate.

D. Using the existent laws regulating misrepresentation in trade, a trader could seldom gain protection against fraudulent use of a mark.

This choice is tricky because the passage does indicate that the system of trademark laws didn't work very well. So, we could get the impression that  this choice is correct.

At the same time, what we need to notice is that the passage never says that traders "could seldom gain protection" using the laws. What it says, in the second paragraph, is that the laws were "scattered across different sources (trade-specific statutes or maverick judicial decisions) and lacked any unifying logic," and, in the third paragraph, it mentions "inconvenience" and "expense" associated with using the laws.

Simply put, the problem with the laws mentioned by the passage isn't that they "seldom" provided protection. It's that they were were difficult to use.

Eliminate.

E. Misrepresentation in trade primarily affected traders working in the British colonies.

Regarding "the British Colonies," the passage says the following:

there certainly was a sense that British traders needed protection abroad, as the markets for their goods in the UK, the British colonies, and elsewhere were being penetrated by counterfeit goods

The fact that "British traders needed protection abroad" does not mean that misrepresentation in trade "primarily" affected traders working in the British colonies. I means only that it did affect them there.

In fact, the above sentence from the passage mentions not only "Britsh colonies" but also "the UK," and "elsewhere." So, the passage indicates that misrepresentation in trade was an issue in multiple places, rather than "primarily ... in the British colonies."

Eliminate.

Correct answer: A
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Re: Although some historians trace the origin of British trademark law to [#permalink]
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