Hemingway v. Film Alliance of United States, Inc.

The plaintiffs, the writers and producers of a play entitled “ The Fifth Column,” seek to enjoin the exhibition of a motion picture made and released in England as “ Spies of the Air,” and now sought to be shown under the title “ Fifth Column Squad.”

The plaintiffs allege that the title “ The Fifth Column ” has never been used in any other play or photoplay; that, in the field of entertainment, that title has come to mean their play, and that they have acquired a property right in the use of it; that the defendants are attempting to capitalize on the reputation and good will of their play by…