International News Service v.
Associated Press case brief
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248 U.S. 215
CASE SYNOPSIS: Certiorari was granted
to the United State Court of Appeals for the Second Circuit to decide
whether defendant could be lawfully restrained from appropriating
news taken from bulletins issued by complainant or any of its
members, or from newspapers published by them, for the purpose of
selling it.
FACTS: Defendant engaged in the systematic practice of taking the bodies of news stories from bulletin boards and early editions of complainant's newspapers and selling them as its own. Complainant sued, seeking, among other things, to enjoin defendant from engaging in such activity. The trial court decided to withhold the injunction in anticipation of the appeal. The appellate court, however, issued the injunction and thus restrained defendant from taking or gainfully using any of complainant's news until its commercial value as news had passed away.
FACTS: Defendant engaged in the systematic practice of taking the bodies of news stories from bulletin boards and early editions of complainant's newspapers and selling them as its own. Complainant sued, seeking, among other things, to enjoin defendant from engaging in such activity. The trial court decided to withhold the injunction in anticipation of the appeal. The appellate court, however, issued the injunction and thus restrained defendant from taking or gainfully using any of complainant's news until its commercial value as news had passed away.
ANALYSIS:
Emphasizing the competitive
relationship between the parties, the Supreme Court concluded that,
although it involved misappropriation rather than misrepresentation,
defendant's strategy amounted to unfair competition in business.
Refusing to create a more specific injunction, the court affirmed the
decree of the appellate court.
CONCLUSION: Because complainant's interest in the news it gathered was worthy of protection from interference by defendant, its competitor in business, the appellate court's order, which enjoined defendant from taking or gainfully using any of complainant's news until its commercial value as news had passed away, was affirmed.
CONCLUSION: Because complainant's interest in the news it gathered was worthy of protection from interference by defendant, its competitor in business, the appellate court's order, which enjoined defendant from taking or gainfully using any of complainant's news until its commercial value as news had passed away, was affirmed.
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