Dickey v. Mutual Film Corp.
New York Supreme Court
Action by Paul Dickey against the Mutual Film Corporation and another. Decree for plaintiff.
1Opinion of the CourtClark, J.
[1-3] This is an action for an injunction and an accounting. Plaintiff is a dramatic writer. Defendant is a moving picture producer. Plaintiff wrote a one-act play called “The ComeBack” which was produced on the stage first in March, 1911. It has been produced as recently as March, 1915. Defendant has since at least June, 1915, produced upon the screens a photo play called “The Come-Back.” It is not claimed that the story of the play and the photo play are similar; indeed, the sole similarity is in the title. I shall hold that although not now actually being produced, plaintiff’s play is…
2Cases cited6 opinions
- Columbia Mill Co. v. AlcornSupreme Court of the United States · 1893
- Atlas Mfg. Co. v. Street & SmithCourt of Appeals for the Eighth Circuit · 1913
- Frohman v. MorrisNew York Supreme Court · 1910
- Frohman v. PaytonNew York Supreme Court · 1901
- Astor v. West Eighty-second Street Realty Co.Appellate Division of the Supreme Court of the State of New York · 1915
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3Cited by4 opinions
- Johnston v. Twentieth Century-Fox Film Corp.California Court of Appeal · 1947
- Goldman v. R K O Radio Pictures, Inc.New York Supreme Court · 1931
- Underhill v. SchenckNew York Supreme Court · 1921
- Manners v. Triangle Film Corp.District Court, S.D. New York · 1917