The Law of Unfair Competition and Trade-Marks: With Chapters on Good-Will, Trade Secrets, Defamation of Competitors and Their Goods, Registration of Trade-Marks Under the Federal Trade-Mark Act, Price Cutting, Etc (Classic Reprint)

Excerpt from The Law of Unfair Competition and Trade-Marks: With Chapters on Good-Will, Trade Secrets, Defamation of Competitors and Their Goods, Registration of Trade-Marks Under the Federal Trade-Mark Act, Price Cutting, Etc

The law of Unfair Competition might well be called the book of rules of the business game. It gives far greater protection against unfair practices used in competition than is realized by the average business man. It is still in its infancy. Its possibilities of growth and effectiveness are almost unlimited. It started by regulating only one unfair practice, viz: substitution, or the act of offering or selling one brand of goods when the buyer has asked for another brand. To-day its principles are being applied to most commercial practices that are unfair, or, as the French law terms it, disloyal.

The rules of Unfair Competition are not arbitrary pronounce ments of courts. The formulation of these rules has been an almost spontaneous process, growing out of the discussion and decision of cases where injustice and wrong have been suffered because of the use of oppressive and unfair methods of competi tion. These cases have been decided, not by the application of abstruse technical legal doctrines, but by the application of the same simple standards of right and wrong that are recognized and applied by the public in daily life outside the court house.

This law promises great things for the future of our business life. When the great war ends, there is every reason to believe that men will turn to business problems with a clarified vision of right and fairness. When that time comes, there should come with it a fairer chance for all. There should be cleaner, squarer business (which, it is already being demonstrated, can exist without curtailing our competitive system), and in our commercial life of the future, this body of law should play a most important and salutary part.

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