Fishler v. Twentieth Century-Fox Film Corporation

TOLIN, District Judge.

The Complaint pleads two causes of action. Each is an alternate way of stating the same claim. Plaintiffs contend that they are the authors of a play based on the life of Queen Elizabeth and entitled “Virgin Queen”. They contend that because of the widespread distribution of their play among the trade, that the title “Virgin Queen” has acquired secondary meaning, to wit, that among writers, producers, actors, and others associated with the motion picture and theatrical producing, exhibiting and viewing fields, there was a secondary meaning to the words “virgin queen”,…