Intermountain Broadcasting & Television Corp. v. Idaho Microwave, Inc.

196 F. Supp. 315 (1961)

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Intermountain Broadcasting & Television Corp. v. Idaho Microwave, Inc.

United States District Court for the District of Idaho
196 F. Supp. 315 (1961)

SH

Facts

Idaho Microwave, Inc. (defendant) operated a community antenna service in Twin Falls, Idaho, which relayed broadcast television channels to a geographic area that could not otherwise pick them up. Idaho Microwave charged customers in Twin Falls for the relay service. Intermountain Broadcasting & Television Corporation (Intermountain) (plaintiff) operated a broadcast television channel out of Salt Lake City that did not reach the Twin Falls, Idaho area without a relay service like Idaho Microwave’s. Intermountain’s profits came from selling broadcasting time to sponsors. It did not charge customers, because its channel was broadcast freely and could be picked up by anyone with an antenna within range. Intermountain had a contract with another broadcast channel in the Twin Falls area called KLIX that allowed KLIX to rebroadcast Intermountain’s programming in exchange for a per-hour charge. Idaho Microwave began to relay Intermountain’s channel to Idaho Microwave’s customers without entering into any kind of agreement with Intermountain. Intermountain filed suit against Idaho Microwave claiming unjust enrichment and unfair competition on the grounds that Idaho Microwave had misappropriated the fruits of Intermountain’s money, skill, and labor. Intermountain filed a motion for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Sweigert, J.)

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