Underhill v. Schenck
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants Joseph M. Schenck and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 4th day of June, 1921, upon the decision of the court rendered after a trial at the Kings Special Term.
1Opinion of the Court
Young, J.:
The plaintiff claims an exclusive right and property in the title “ The Passion Flower ” as applied to a dramatic production. He seeks to restrain the defendants Schenck and Herndon from producing motion pictures of the play under that title and to recover damages.
The defendant Jacinto Benavente, a noted Spanish dramatist, about 1914 wrote a play entitled “ La Malquerida.” Its production upon the stage was highly successful, and upwards of 2,000 performances were given in Spain and Spanish-speaking countries. Benavente copyrighted the Spanish version of this play in the *48United…
2Cases cited7 opinions
- Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
- Palmer v. . De WittNew York Court of Appeals · 1872
- Manners v. MoroscoSupreme Court of the United States · 1920
- O'Neill v. General Film Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Cutter v. . Gudebrod Brothers Co.New York Court of Appeals · 1907
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3Cited by7 opinions
- Loew's Inc. v. Superior CourtCalifornia Supreme Court · 1941
- Underhill v. SchenckAppellate Division of the Supreme Court of the State of New York · 1923
- In re TrevorNew York Surrogate's Court · 1922
- Schenck v. UnderhillAppellate Division of the Supreme Court of the State of New York · 1923
- Rock v. Belmar Contracting Co.New York Supreme Court · 1930
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