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is the exercise of a right possessed
by all - and in the free exercise
of which the consuming public is
deeply interested'...
To allow
a State by use of its law of unfair
competition to prevent the copying
of an article which represents too
slight an advance to be patented
would be to permit the State to
block off from the public something
which federal law has said belongs
to the public."
What the Court decided was a constitutional question.
It did not deal at all with the question whether Sears's
conduct amounted to unfair competition.
The case has
therefore no bearing on the present problem.
The way in which unfair copying had been
dealt with in Western European countries is of
interest
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