Patten v. Superior Talking Pictures, Inc.

COXE, District Judge.

This is a suit to restrain the distribution or exhibition of motion pictures using in the title the name “Frank Merriwell”; and the present motion is for a preliminary injunction pending the trial of the action.

The plaintiff is the author of 1,236 stories, known as the “Frank Merriwell Stories,” published during a number of years, commencing in 1896, under the pen name “Burt L. Standish.” All of these stories have the names “Frank Merriwell” or “Merriwell” in the title, and are covered by existing copyrights, which are either held or controlled by the plaintiff. They…