Nebb v. Bell Syndicate, Inc.

GODDARD, District Judge.

This is a motion by the defendants to dismiss the complaint upon the ground that it fails to state a claim against the defendants upon which relief can be granted.

The plaintiffs are husband and wife who are residents of Georgia. The defendants consist of a news syndicate, a newspaper publisher, both residents of New York, and a cartoonist, a resident of Chicago.

The complaint alleges that defendants have continuously since January, 1941, used the plaintiffs’ names in the State of New York “for the purposes of trade” in a comic strip called “The Nebbs” in which a “Mr.…