aggressive or unduly burdensome to the defendant. "38 The courr, therefore, has broad powers in fashioning an injunction.39
Damages An action may be maintained for damages simulraneously with an action for an injunction in some jurisdictions,40 and Arkansas seems to allow this practice:·11 Damages have been allowed for the amount of actual damages suffered;12 lost profits,43 and the amount of the defendant's profits. 44 Some courtS have also allowed
awards of attorney's fees in exceptional cases, usually those involving deliberate acts. 45 Punitive damages have, likewise, been allowed in extraordinary circumstances usually in cases involving fraud or other willful conduct. 46
ENDNOTES CONCLUSION
1. h should be nored that this paper is limited
Unfair competition is a broad and illdefined area that is constantly expanding and increasing in both use and importance. Closely connected with the laws of copyright and trademark, unfair competition is
in scope ro unfair competition as it developed from the equirable principles of "passing off" and "misappropriation". This paper does not attempt to cover the much broader area of unfair practice, though unfair competition and unfuir practice are ofren used synonymously. 2. J. Calimalde, Trad~marks and Unfair Compm'tion, p-271 (I970)(quoting Elgin
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179 U.S. 665, 674 (1950». 3. Schechter, The Rational Basis of Tradmlark Prouction, 40 Harv.L.Rev. 813 (I 927).
4. Southwestern Bell H/~phol1e CO. IJ. Natiollwide Indepmdmt Directory S~rIJiu, Inc., 371 F. Supp. 900 (WD. Ark. 1974)(c;,;ng Haflooes Sw Milliflg Co. v. Metcalf 240 U.s. 403 (1916»; See also Seo'" Up Co. v. Cheer Up Sales of St. LOllis, 148 F,2d 909 (8th Cir. 1945).
5. SouthWNurn Bell, supra nOte 4. 6. 114 F, Supp. 665 (WD. Ark. 1953).
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broader and equitable in nature. Though the Arkansas law of unfair competition is not extensive, it is fairly weU delineated and, where it is not, will most probably follow the general common law.o)
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7. Id. at 670. 8. Southw~st Indus. Products, Inc. IJ. E:u~ Stone ClItte,Mfg. Co., 157 F, Supp. 208 (W.o. Ark. 1957); Heua, supra note 6. 9. Compco Corp. IJ. Day-Britt Lighting, IIIC., 376 U.S. 234 (1964).
10. Sears, Roebuck & Co. v. Stiffil Co., 376 U.S. 225 (1964); G. Ricordi & Co. IJ.Hllmdler, 194 F.2d 914 (2d Cir. 1952)(not unmir competi~ tion for the defendant ro publish a book which was subsranrially an exacr copy of rhe plaintiff's book afrer copyrighr had expired on rhe plaimiff's book). II. 114 F, Supp. 665 (W.O. Ark. 1953). 12. !d. at 670. 13. Imematiollal Hearing Co. v. Oliuer Oil Gas
Burner & Machine Co., 288 F. 708 (8th Cir. PAUL D. MIXON, Ph.D., P.E. o Doctorate in Engineering o Over 13 Years Engineering Experience o Experienced Expert Witness
1923).
14. Set Southwmem Bell, SlIpra note 4; S01flhw~st Indus. Products, mpra note 8; &skay Art Gallesies 0. Gi/obs, 205 Ark. 1157, 172 S.W2d 924 (1943), 15.81 F, 163 (F..D. Ark. 1897).
Contact: Dr. Paul Mixon P.O. Box 3338 Stme University. AR 72467 (870)-972·2088 E-mail: pmixon@navajo.astate.edu
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16. \Xlhen a manufacturer has adopred a particular design, dress, or combinarion of fearures resulring in a singular appearance of his goods, rhe design is known as rhe manufac~ rurer's "trade dress." Trade dress is entitled to protection if its copying (ends ro mislead rhe