39
operation of supply and demand to
yield the fair price society must
pay for a given commodity
Unless such duplication is permitted,
competition may be unduly curtailed
with the possible resultant develop¬
ment of undesirable monopolistic conditions.
The Congress, realizing
such possibilities, has therefore
confined and limited the rewards
of originality to those situations
and circumstances comprehended by
our patent, copyright, and trade¬
mark laws.
When these statutory
frameworks are inapplicable, ori¬
ginality per se remains unprotected
and often unrewarded.
For these
reasons and with these limitations
the bare imitation of another's pro¬
duct, without more, is permissible.
And this is true regardless of the
fact
that the courts have little
sympathy for a wilful imitator."
One's initial response to Schultz's conduct in the present
case is no
different.
community would condemn
There can be no doubt that the
as unfair and unjust
Schultz
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