Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1918-12-24

misappropriation in the place OF mis-
representation and sells the COM
plainant's goods as it's own. BESIDE
the misrepresentation there are ele-
ments OF imitation of false pretense
in defendants tactics. The device OF
rewriting compliments news ar
ticles. frequently resorted to. carries
its own comment. The habit to give
credit to complainant for that which
is taken is significant.
The doctrine OF unclean hands IS
invoked as a bar to relief; 1t being
insisted that defendants practices
against which complainant seeks an
injunction are different from the
practice attributed to complainant, Of
utilizing defendants news published
by its subscribers. At this point it be-
comes necessary to consider dis
tinction that is drawn by complain
ant and as we understand it was rec
ognized by defendant also in tie sub
mission of proofs in the district court
between two kinds Of use that may
be made by one news agency OF news
taken from the bulletins and news
papers of the other. The first is the
bodily appropriation of a statement
of fact or news article, with or
without rewriting. nut without inde-
pendent investigation or other ex-
| pense. This form of pirating was found
by both courts to have been pursued
by defendant Systematically with re-
spect to compliments news. and
! against it the circuit court Of appeals
granted an injunction. This practice
complainant denies having pursued
and the denial was sustained by the
finding of the district court. It Is not
coEtenGed by defendant that the find =
| ing can be set aside upon the proofs
as they now stand. The other use
/ is to take the news of n rival agency
as a tip to be investigated and ii
verified by indie pendent investigation
!. the news gathered is sold. For this
practice complainant admits that II
has pursued and still is willing that
defendant shall employ. Both courts
held that complainant could not be
! debarred on the ground of unclean
hands upon the score of pirating de-
PENDANTS news, because not shown
to be guilty of sanctioning this prac-
! tice.
| AS to securing tips from q COM
peting news agency the district court
, while not sanctioning the practice,
found that both parties had adopted
! it i'll accordance with common bus
! mess usage in the belief that their
! conduct was technically lawful and
hence did not find in it any sufficient
ground for attributing unclean hands
: to complainant.
There is some criticism Of the in
junction that was directed by the
district court upon the going down
of the mandate from the circuit
court of appeals. In brief, it restrains
any taking or gainfully using Of the
| compliments news either bodily ul
| in substance. from bulletins issued Ivy
the complainant or any Of its mem
! bers, or from editions of their news
! papers until its commercial value as
news to the complainant and all Of its
members has passed away.
! Perhaps it would be better that
! the terms Of the Injunction be made
specific and SO framed as to confinc
| the restraint to an extent consistent
; with the reasonable protection Of
complainant's newspapers each in its
own area and for a specified time
after it's publication against the COM
| petitive use Of pirated news by de-
Il. fendant's customers. But the Case
! presents practical difficulties and we
! have not the materials, either in the
, way of definite suggestion OF
J amendment or in the way of proofs
upon which to frame specific n
| junction; hence. while not express
! ing approval Of the form adopted by
| the district court we decline to mod
! fly it al this preliminary stage of tho
| case and will leave that court 10
deal with the matter upon appropri-
ate application for definite purposes.