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Intellectual Property Keyed to Merges
International News Service v. Associated Press
ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
Associated Press (Plaintiff) and the International News Service (INS) (Defendant) are competitors in the gathering and distribution of news and its publication for profit in newspapers throughout the United States. Associated Press (Plaintiff) brought suit to restrain the pirating of its news by INS (Defendant). Allegedly, Defendant bribed employees of newspapers in order to furnish Associated Press (Plaintiff) news to itself before publication, for transmission by telegraph and telephone to INS’s (Defendant) clients for publication by them; by inducing Associated Press members to violate its bylaws and allow Defendant to get news before publications and by copying news from bulletin boards and from early editions of Associated Press’s (Plaintiff) newspapers and by selling this, either bodily or after rewriting it, to INS (Defendant) customers. The district court granted a preliminary injunction as to the first and second practices. The circuit court of appeals sustained the injunction order. Writ of certiorari was granted.
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