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PATTEN v. SUPERIOR TALKING PICTURES

8 F.Supp. 196 (1934)

PATTEN v. SUPERIOR TALKING PICTURES, Inc.

District Court, S. D. New York.

July 23, 1934.

Attorney(s) appearing for the Case

Howard A. Newman, of New York City, for plaintiff.

Harry G. Kosch, of New York City (Harry G. Kosch and Edmund Souhami, both of New York City, of counsel), for defendant.

COXE, District Judge.

This is a suit to restrain the distribution or exhibition of motion pictures using in the title the name "Frank Merriwell"; and the present motion is for a preliminary injunction pending the trial of the action.

The plaintiff is the author of 1,236 stories, known as the "Frank Merriwell Stories," published during a number of years, commencing in 1896, under the pen name "Burt L. Standish." All of these stories have the names "Frank Merriwell...

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