Excerpt from The Law of Unfair Business Competition, Including Chapters on Trade Secrets and Confidential Business Relations

There is a maxim as old as law, that there can be no right without a remedy, but it is equally true that men are constantly acquiring new rights and new kinds of property almost unknown to the law, and in lawful ways are putting themselves into new positions, in which they soon suffer wrongs which the courts seem powerless to prevent, or to end. It seems, sometimes, as if the progress of the unscrupulous merchant and manufacturer in inventing new schemes for filching away the trade of others unfairly, has been far more rapid than that of the courts in finding ways of protecting the honest business man against such schemes. But whatever has been the activity of these unscrupulous members of the business community in the Inst decade, during this time very marked progress has been made by the law in developing rules and remedies relating to dishonest and unfair commercial practices.

It is but a few years since cases involving applications for relief against unfair dealing were indifferently classed as trade mark eases or injunction cases, or hidden away in digests under headings most surprisingly disassociated from ideas conveyed by the term Unfair Competition. Now we find that the phrases "Passing Off," in England, "Concurrence DeLoynlc" in France and "Unfair Competition" in America are recognized legal terms, embracing rules of law applicable to cases of this character.

One reason for the growth of the law of unfair competition is probably to be found in the effects of the delay incident to suits at law for damages.

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