Pittsburgh Athletic Co. v. KQV Broadcasting Co.

Pittsburgh Athletic Co. v. KQV Broadcasting Co. case brief summary
24 F.Supp. 490 (1938)

CASE SYNOPSIS

Plaintiff athletic companies moved for a preliminary injunction pendente lite in their suit against defendant broadcaster to restrain it from broadcasting play-by-play reports of baseball games played by a certain professional baseball team both at its home park and at parks in other cities.

CASE FACTS
Plaintiffs sought a preliminary injunction to restrain defendant broadcaster from broadcasting play-by-play reports and descriptions of baseball games played by a professional baseball team, both at its home park and at baseball parks in other cities. Plaintiffs moved for a preliminary injunction pendente lite. The court found that the actions of defendant constituted a direct and irreparable interference with, and an appropriation of, plaintiffs' normal and legitimate business. Further, defendant's action was calculated to, and did, result in the unjust enrichment of defendant at the expense of the plaintiffs.

DISCUSSION

• The court concluded that defendant's unauthorized broadcasts of information concerning the games constituted unfair competition with plaintiffs and were in violation of the Communications Act of 1934, 47 U.S.C.S. § 151 et seq. 
• Additionally, defendant's actions constituted a wrongful interference with the contractual rights and obligations of the parties. Accordingly, plaintiffs were entitled to and were granted a preliminary injunction.

CONCLUSION
The plaintiff athletic companies were entitled to and were granted a preliminary injunction because defendant broadcaster's actions constituted a violation of the Communications Act of 1934, 47 U.S.C.S. § 151 et seq.


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