The news scimitar. (Memphis, Tenn.) 1907-1926, 1918-12-30
Case Clearly Drawn.

In tho case before us, in the pres
ent state of the ~pleadlngs and proofs,
we need go no further than to hold,
as we do, that the admitted pursuit by
complainant OF the practice Of taking
news items published by defendants
subscribers as tips to be investigated,
and IL verified, the result Of the in
v~estigation to be sold--the practice
having been followed by defendant al
go, and by news agencies generally-is
not shown to be such as to constitute
an unconscientious or negotiable at
titude toward its adversary SC AS to
fix pon complainant the faint of un-
clean hands, and debar 1t on this
ground from the relief to which it Is
otherwise entitled.
There is some criticism of the i'm
junction that was directed by the dis
trict court upon the going down of the
mandate from the circuit court OF APP
peals. In brief, II restraints any taking
or gainfully using OF the compliments
news, either bodily or in substance,
from bulletins issued by the complain
ant or any of its members or from
editions Of their newspapers, until its
commercial value as news to the com
plainant and all of it's members has
passed away The part complained Of
Is the clause we have italicized, but II
this be indefinite, II is no more so
thar the criticism, Perhaps it would
De DetlPT Ll9I tne ltltllS VI lne lJulC
ton be made specific, and so framed
as to ~confine the restraint to an ex-
tent consistent with the reasonable pro-
lection Of compliments newspapers,
each in its own area and for a speci-
fled time after its publication, against
the competitive use of ptrated news by
defendants customers. But the case
presents practical difficulties, and We
have not the materials, either in the
way of a definite suggestion Of amend
ment, or in the way OF proofs. upon
which to frame Il specific injunction;
hence, while not expressing approval
Of the form adopted by the district
court, we decline TO modify it at this
preliminary stage OF the case, and will
| leave that court to deal with the mat
ter upon appropriate application made
to 1t for the purpose"
The associate opinion Of Justice
Holmes, in which Justice Mckenna
| concurred, follows;
When an uncopyrighted comhina-
| ton OF words is published there Is NO
general right to forbid other people re-
| peating them-in other words there Is
no property in the combination or in
| the thoughts or facts that the words
| express. Property, a creation Of law
does not arise from value, although
| eXChaneeable-a matter OF fact. Many
| e~Xchangeable values may he destroyed
Intentionally without compensation
| Property depends unon NXclu7jon hN
law from interference, and a ncrson Is
| not excluded from using any cnmbina'
| ton of words merely hecFnse someon
has used it before. even X il tool
labor and genius to make Il, Tf q
| given person is to be prohibited from
| making the use OF words that hi.
| ~neighbors are free to make some Other
ground must be found Owe sucl
| ground is vaguely exnreSse1 in the
phrase. unfair t. de. This means tia
| the words are rcNe3ted IVY p Comneti.
tor in business IN such . way as {
convey a misrep "esen'ation that ma
terially INJURIES the person who frs
used them. bv arpropriatipg credit o
some kird which the first user Iva,
earned. The orii"aty case is a rep"e
sentation by device, appearance or 9th,
er indirection that the defendant
goods come frow the n'ain.jT pu
the only reaSon why II is a~ct'onob'o t,
make such n representation Is that I
TENDS to rive the d"feNiant an adran
taee IN his competition With ''e MAIN
tiff and that Il f. thought und nsira BIZ
that an advantage should he gained II
that way. Anart from that the de
fendAnt may use such uonatented de
vices and u~ncapvrichtel combination
Of words as he likes. The ordinar'
case. | say, Is palminC off the defend
ants product rs the plaintiffs, but tn
same evil u,ay follow from the oppo
site falsehocd-fron saying whether il
words or by implication that the plain
tiff's product is the d~efendant's, an,
that, Il seems to me. is what has hap
nened here.
lSafaouard Enternrise