Legal Opinion

Hill v. Whalen & Martell, Inc.

District Court, S.D. New York

Decided December 3, 1914No. 9-319PublishedCited by 18 opinions

In Equity. Suit by Gus Hill against Whalen & Martell, ’Incorporated, to restrain the infringement of a copyright.

1Opinion of the Court

ROSE, District Judge.

[1] The complainant in this case is the exclusive licensee of the dramatic rights of copyrighted cartoons which purport to show the features of two imaginary individuals to whom the artist has given the names of “Mutt” and “Jeff.” These dramatic rights are of great value. Mr. Bishop, the artist and author of the cartoons, has from them within a period of three years received between $60,000 and $70,000 in royalties.

The defendant arranged a dramatic performance, which he called “In Cartoonland,” and in which he introduced as characters of considerable prominence two…

2Cited by18 opinions

  1. Walt Disney Productions v. The Air PiratesCourt of Appeals for the Ninth Circuit · 1978
  2. Irving Berlin v. E. C. Publications, Inc.Court of Appeals for the Second Circuit · 1964
  3. King Features Syndicate v. FleischerCourt of Appeals for the Second Circuit · 1924
  4. Ideal Toy Corp. v. Kenner Products Division of General Mills Fun Group, Inc.District Court, S.D. New York · 1977
  5. Dallas Cowboys Cheerleaders, Inc. v. Pussycat Cinema, Ltd.District Court, S.D. New York · 1979

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