123 N.Y.S. 1090 | N.Y. Sup. Ct. | 1910
The plaintiffs have acquired from the author the sole right to produce the play “ Chanteeler ” in English in the United States, and intend so to produce it in October, 1910, having made elaborate and expensive preparations for such production, including the engagement of players of the highest rank. The play was first produced in February, 1910, in the city of Paris, France, in the French language. It has never been produced in this country in any language. It was copyrighted in this country on the second day of April, 1910. The author of the play is Edmond Eostand, one of the most famous writers of the day, who has produced other plays of conspicuous merit and success. For several years prior to the first production of the play, which took place in Paris in February, 1910, its title and subject-matter, particularly the fact that every character was to represent a barnyard fowl or animal, had been published and announced, and the subject of the play and its peculiar ideas -had been constantly and widely discussed in the French and European press. In the month of August, 1909, a dramatic piece in the nature of a burlesque was produced in Paris under the name “ Ohanticlair ” and ran for some weeks. It was afterwards produced in Vienna from February 4, 1910, to April 24, 1910. Thereafter the defendant William Morris acquired’by purchase the sole right to produce the piece “ Ohanticlair ” in the United States, and it is now being produced at a theatre in this city which is conducted and operated by the defendant William Morris, Incorporated. Upon the argument the plaintiffs withdrew their demand for an injunction against the continued performance of the piece itself, but they insist that the defendant should be enjoined from producing it under the name “ Ohanticlair.” A large amount of space and attention is given in the affidavits and in the- briefs to the question whether or not the word “ chanteeler,” of which the word “ ohanticlair ” is another form, the meaning being the same in either case, is susceptible of exclusive appropriation by any writer to designate a play, or whether it is a descriptive term which must be left open to all. Upon this point I have no hesitation in reaching the conclusion
Ordered accordingly.