Dickey v. Mutual Film Corp.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mutual Film Corporation, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 7th day of September, 1916, upon the decision of the court after a trial at the New York Special Term. The interlocutory judgment granted an injunction and appointed a referee.
1Opinion of the Court
Dowling, J.:
The judgment appealed from enjoins the defendant from using the name “ The Come Back ” in various forms as the title of a photo-play, and also appoints a referee to take and state an account of defendant’s profits and plaintiff’s damages sustained through the defendant’s act complained of. So far as the injunction is concerned, we see no reason to disturb the judgment. In so far, however, as an accounting of defendant’s profits is directed, the judgment must be modified. There is no proof of any fraudulent intent upon the part of the defendant, nor any evidence that it knew of the…
2Cases cited2 opinions
- Oneida Community, Ltd. v. Oneida Game Trap Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Oneida Community, Ltd. v. Oneida Game Trap Co.New York Supreme Court · 1914
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