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I » ? ., ,-,
IN EQUITY. ,
(Before Mr. Justice Street.)
"LONG, LONG WAY TO TIPPERARY." '
Higgins and others v Fraser Film
The hearing was concluded of the Inter- locutory application, on behalt of Ernest Henry Higgins and others, tor an injunction to restrain the Fraser Film Release and Photographic Company, Ltd., till the hear- ing of the suit, from hiring out or authorising the exhibition of any cinematograph produc- tion or picture play, not of plaintiff's manu- facture, under the name or title, "It's a Long, Long Way to Tipperary," or any other name which was a colourable imitation ot plaintiff's picture play, entitled "A Long, Long Way to Tipperary."
Mr. Clive Teece, Instructed by Messrs. Deane and Deane, appeared for the plaintiffs; and Mr. K. K. Manning, instructed by MessrB. Rawlinson and Hamilton, for tho détendant
Upon taking his seat on the Bench, his Honor intimated that the pr.esent impression of his mind, subject to what plaintiff's coun- sel had to say In reply to Mr. Manning's ad- dress, was that be did not think the case was one in which an interlocutory injunction should be granted, and that the proper order to make was to direct the defendant com- pany to keep an account ot profits, pending
the hearing "of the suit.
By consent, his Honor, made an order that on Mr. Manning's undertaking, on behalf of the defendant company, to put on any films that might hereafter be put into circulation by it, the words "This film is not the same as any film of the same name issued by any Film Exchange, other than the Fraser Film Exchange;" and also undertaking to keep an account of the profits in respect of the hiring out of the defendant company's films; no order would be made with regard to the application, except that an account of profits be kept by the defendant company, pending | the hearing of the suit.