Sydney Morning Herald (NSW : 1842 - 1954), Thursday 4 February 1915, page 5


IN EQUITY.

(Before Mr. Justice Street,) i

SURRY HILLS PICTURE SHOW, ' v Gerber v Ogden.

In this matter, which was an application on behalf of Charles Gerber, plaintiff in the suit of Gerber v 'Ogden and Hamilton, for an injunction to restrain the defendant, Alexander Ogden, from selling;, offering for sale, or removing from their present position, certain assets in connection with the Orient Picture Theatre, Crown-street, Surry Hills, It was stated that a settlement of the suit had been arrived at, on the terms that no order was to be made, except that the costs were to be paid by the defendant, Thomas

Hamilton. ??.

Mr D. S. Edwards, instructed by Messrs. Dawson, Waldron, and Glover, appeared on behalf of the plaintiff; the defendants appeared in person. "

APPLICATION FOR INJUNCTION.

Foy v McLeish.

Mr. S A. Thompson, instructed by Mr. F. R. Cory per, agent for Messrs. Dibbs and Farrell, of Temora, appeared on behalf of the plaintiff; and Mr. Langer Owen, K.C, and Mr. Wickham, instructed by Messrs Garland, Seaborn, and Abbott, for the defendant.

In this matter, which was an application on behalf of John Foy, for an injunction to restrain Daniel Matthew McLeish from further proceeding with regard to a judgment obtained by the latter at common law against Fox for the sum of £6401 14s 3d-, his Honor said he would continue the injunction granted by Mr. Justice Harvey till the hearing of the suit, or further order of the Court, conditionally on plaintiff giving security to the defendant over his interest in certain lands mentioned in the statement of claim, and over certain land mentioned in plaintiff's affidavit, to secure repayment of a certain, overdraft and Interest thereon, the security to be given within 14 days, the amount to be bottled by the Master 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 latter would not alienate or encumber the lands in any way.

LONG, LONG WAY TO TIPPERARY." Higgins T Fraser Film Release Company.

Mr. Clive Teece, instructed by Messrs. Deane and Deane, appeared on behalf of Ernest Henry Higgins, and applied for an injunc-tion to restrain the Fraser Film Release and Photographic Company, Ltd., till the hearing of the suit, from hiring out or authorising the exhibition of any cinematograph production or picture play, not of plaintiff's manufacture, 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. Rawlinson and Hamilton, appeared for the defendant company to oppose the application.

Plaintiff set out In his statement of claim that he was the proprietor, manufacturer, and registered owner under the provisions of the Copyright Act, of the cinematograph production and picture play, entitled, "A Long, Long Way to Tipperary," which production had for some time been and was still being produced at many picture theatres in New South Wales, and other parts of the Commonwealth, 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 carried on business in New South Wales, were 1 hirers of picture play Arms, and supplied

large numbers of such to many picture theatre proprietors and managers. The company

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 hired out the said film, which was being exhibited at many theatres in the State, and elsewhere, under the said title. The

defence was that the defendant company

had permission to use the copyright title of the sons "It's a Long, Long Way to Tip- a

perary," and make films embodying the music from B. Feldman and Company, the owner of the copyright of the said song having purchased the rights to use it in connection with cinematograph production.

The matter stands part heard.