Tribune (P) owns a newspaper and a radio station. P began to broadcast on 302.8 meters. Things were great because no one else occupied that bandwidth. About a year later, another station, owned by Oak (D), changed its frequency to within 50 kilocycles of P. D’s new station interfered with P’s and P sought to enjoin D. The court issued a TRO preventing D from broadcasting on frequencies close to P’s such as to interfere with P’s signal. D moved to dissolve the TRO. P argued that it was the first to use that wavelength and had done so for a significant period of time, it has spent money to develop its station, the public already recognized P by that bandwidth, and P had a significant following. D countered in that a wavelength cannot be owned or privately controlled and its signal was 40 kilocycles from P, and there was no interference.

This section contains the nature of the case and procedural background.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.