The evening world. [volume] (New York, N.Y.) 1887-1931, 1912-12-20
THE CASE OF THE CUCKOO.

TX IT'S FIGHT against the who steal pub
Lefty by inserting their Advertising sheets regular
of The World the cuckoo lays eggs other
birds nes-exacty where docs this newspaper stand?
Readers of The World pay money for
advertising in its pages have a right to know
The World has duty to those who buy and those who adj
vertise in it. The former should have complain
constantly of extraneos advertising upon
ton regular part of this newspaper The latter have right
demand that space and publicity for which they pay shall habor
and give circulation to deadhcad advertising which, pay
ing its way steals it.
TO protect advertisers The World purposes to
drive these Cuckoos and for all OF the nest
Two days Justice Foster
earlier judgment of Magistrate Fres that who
advertising circulars the Of tho papers they sell guilty
Of dsodery conduct mdemeanor punishable by criminal pros
ecution
Pending action brought the Press Publishing Com
psny which publishes The World against particularly persistent
and prncious Brooklyn bird in the shape OF department
company known "he Berlin Supreme Sapcton
has granted inur ion restraining this department
recty indirectly inserting its advertising World
The principles Of justice and fair play upon which injunction
rests will be plain to everybody
Justice sapeton points out that The World has built up
great cost OF and reputation with its
vertsers for availability serveaby and wide That
reputation seriously and unawfuy damaged this newspaper
tends by the action Of the department company causing
Be inserted in its regular sheets which the reader naturally
assumes to be part of The Worlds Advertising
To the contention the when The World
has sold its copies right to project con-
ro beyond its original sae Justice stapon acutey
,ns me s; BY publisher Of newspapers to newsdeaer
dnguishae many respects from the Of other
able commodities for instance clothing groceries
dueers Of the latter extends beyond the
sale to the distributor while 4 to
interest Of the publisher sureptiousy numbered with
extraneous NATTER II
be notd depleted.
The sale is for eheul,tOn and that the publication be
butsd In form and substance issued without
addition, subtraction or DETACHMENT implied
stances Of the Transaction The sale Of the commodity by the
Plaintiff does not involve the impairment destruction It's
to protect and control Its advertising business
Gould the defendant. before distribution leave out any part
Of the advertising pages To which pertinent query Justice
adds IF the publisher has control which the SALE
cannot why this could not be done with mpun statement
that could be done destructive Of its system
Of jurisprudence having justice for its object"
As to the question Of intent the opinion equally clear:
The obvious purpose Of the defendant alone
distribution OF ITS advertising matter but to tack
the plaintiffs publication. impress some persons with the
belief that was part Of the newspaper to trade the favorable
reputation OF the plaintiff unfair
Of an ingenious device which, design suggested
Is otherwise useless.
purpose Of Nhe defendant in rorinr to IN.
dsviee' Why the miude between sheets plaintiffs
pags' Why the physical incorporation
folds Of the the disbutonl mpr-
feet attempt to warn print that the smude should
taken H' s s:s s s ,S p S TO DECEIVE ~,
BINARY READER. CASUALLY READING. INTO BELIEVING
AN EXTENSIVE ADVERTISEMENT or THE DEFENDANT
ED NEWSPAPER recognized efficiency advertising
medium X not essential thn the perfect and
complete be such resemblance probably
ordinary reader
The device OF the defendant doubtless of modern origin
says Justice Stapeton.
Among it But the cuckoo got bad name among birds
ages ago for just such practices only he o his eggs
other birds but cuousy enough scientists asserted chat
the egg the cuckoo resembles that of the eggs normally
laid by the kind of bird in whose nest it is placed"
The likeness perfect Our publicity stcae conduct then,
selves like cuckoos They ARE And against these om
birds The World for the benefit advertisers who
trust determined uphold the good name of its
IN THE DEATH of VIII Carleton the older generation loses
favore poet and friend tried and true Ove the