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.. (Befoic Mr. Justice Street,) i
SUMtY HILLS PICTURE SHOW, ' \ Gerber v Ogden.
In this mattci, which was an "application on behalf of Charles Gerber, plaintiff in the suit of Gei'bor v 'Ogden and Hamilton, for an injunction to restrain tho defendant, Alexander Ogden, fiom Bellin«;, offering for sale, or vcmoving from their present position, certain assets in connection with the Orient Plctuio Theatre, Crown-street, Surry Hills, It was stated that a settlement of toe suit hat} boen arrived at, on tho terms that no oidor vías to be made, exoopt that the costa were to be paid by the defendant, Thomas
Mr._ D. S. Edwards, Instructed by Messrs*. Dawson, Waldron, und Glover, appeared on bfhiilf of the pUintlif; the defendants ap- peared in person. "
APPLICATION FOR INJUNCTION.
Foy v M.Lclsh.
Mr. S A. Thompson, instructed by Mr. F. R. Cor» per, agent for Mossrs. Dibbs and Far- rell, of Temora, appeared on behalf of the plaintiff; and Mr. Langer Owpn, K.C, and Mr. Wickham, instructed by Messrs Garland, Seaborn, and Abbott, tor the defendant.
In this matter, which was an application on behalf of John Foy, for an injunction to restrain Daniel Matthew McLclsh from fur- ther proceeding with regard to a judgment ob- tained by the latter at common law against Fov for tho sum of £6401 14s 3d-, his Honor said ho would continue the injunction granted by Mr. Justice Harvey till the hearing of the suit, or fuither order of the Court, condi- tionally on plaintiff giving security to the defendant over his Interest In certain lands mentioned in the stateffiont of claim, and over certain land mentioned tn plaintiff's affi- davit, to secure repayment of a certain, over- draft and Interest thereon, the security to be given -within 14 days, the amount to be bottled by the Mastor in the event of the
parties not Agreeing. The Injunction order was also conditional on Mr. Cowper's giving an undertaking on behalf of the plaintiff that the lattor would not alienate or encumber the landa In any way.
"LONG, LONG WAY TO TIPPERART." Higgins T Fraser Film Release Company.
Mr. Clive Toece, instructed by Messrs. Deane and Deane, appeared on behalf of Ernest Henry Higgins, nnd applied for an injunc- tion to restrain the Fraser Film Rolease and Photographic Company, Ltd., till the hearing of tbo suit, rrom 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 of the title, "A Long, Long Way to Tipperary."
Mr. R. K. Manning, instructed by Messrs. Itawlinbon and Hamilton, appeared for the defendant company to oppo:e the application.
Plaintiff set out In his statement of claim that he was the proprietor, manufacturer, and registered owner under the provisions of th« Copyright Act, of tbe cinematograph produc- tion and picture play, entitled, "A Long, Long Way to Tipperary," which production had for some time been and yvas still being produced at many pirture theatres in New South Wales, and other parts of the Com .monyvealth, and it was favourably known to picture theatre proprietors and managers as a play, which attracted large numbers of the public. The defendant company, which car- ried on business in New South Wales, were 1 hirers of picture play Alms, and supplied
large numbers of such to many picture theatre proprietors and managers. The com
pnny had recently obtained a number of films'
of the picture play, entitled "It's a Long, Long | Way to Tipperary," which was not plaintiff's play, though in some respects similar thereto,
and had hil ed out the said film, which was be-' ing exhibited at many theatres in the Stnte, and elsewhere, under the said title. I
The defeuce was that the defendant com-1
pany had permission to use the copyright title of the sons "It's a Long, Long Way to Tip- |
pcrary," and make films embodying the music from B. Feldman and Company, the owner of the copyright of the said song having pur- chased the rights to use it in connection with clneiuatoginph production.
The matter stands part heard.