Motion Picture Herald (Nov-Dec 1948)

ACADEMY STARTS FIGHT FOR "ACADEMY AWARDS" RIGHTS Hollywood Bureau The Academy of Motion Picture Arts and Sciences would like to have a copyright on "Academy Awards" on the grounds of its development and use of that phrase. But to get that phrase for use as a trade mark it may have to go to court. Rights to "Academy Awards," as a trade mark, are now held by Academy Awards, Inc., a New York Corporation formed in 1946 by M. A. Schlesinger, the South African theatre circuit owner, who would like to use the trade mark on ball point pens and about 30 other articles of merchandise. The Academy has been in receipt of a proposal from Bulova for the use of "Academy Awards" on watches. Investigating Eyssell Pioneer Guest of Honor G. S. Eyssell is the "Picture Pioneer of the Year." As such the president of Radio City will be honored at the annual dinner of the Motion Picture Pioneers on Wednesday, November 17, according to an announcement from Jack Cohn, Pioneers president. As is his annual custom, Supreme Court Justice Ferdinand Pecora again will induct the new members of whom there are 38. Dr. George Gallup will be one of the guest speakers. The scene is the Waldorf. There should be no lack of entertainment at the dinner. To keep everyone happy and entertained an extensive array of comedians of top calibre will be at hand, ranging from the wise-cracking Milton Berle to smiling Joe E. Lewis, Abe Burrows, Willie Howard, Peter Lind Hayes and Peter Donald. Leon Leonidoff is staging the proceedings which will include the appearance of the Radio City Music Hall Glee Club. All motion picture stars in New York on the day of the dinner are expected to attend. Among those in the audience, coming as they do from far and wide, will be G. B. Odium, the general manager of the theatres in the Atomic City of Oak Ridge. Mr. Odium, who for a long time was unable to tell what he knew about his six modern theatres and who saw Oak Ridge grow from a peaceful Tennessee valley just five years ago to a teeming industrial hub, will tell the assembly of some of his experiences behind the gates of the atom bomb town. The list of new members to be inducted into the Picture Pioneers includes the following : Ray Allison, William H. Applegate, Jr., Bernard P. Arons, Philip F. Barbanell, Louis Davidoff, Edward J. Gabriel, Thomas W. Gerety, Max A. Goldbaum, Paul J. Greenhalgh, Monroe William Greenthal, Nelson L. Gross, Milas L. Hurley, Henry W. Kahn,, David Kerman, Harry E. Long, Irving Mack, Irwin the possibility of accepting this proposition, the Academy turned up Mr. Schlesinger who, according to Academy legal talent, is willing to release "Academy Awards" for $1000,000 for use on watches only. According to Herschel Green, attorney for the Academy, the Academy is now mapping legal action which will take the form of a petition to the U. S. patent office for cancellation of the trade mark copyright issued to Mr. Schlesinger 's company. This action may be paralleled by similar action against two other concerns which have sought to copyright or register "Academy Award," one in 1947, the other this year. Date for filing of the petition has not been set. Margulies, Sidney Meyer, David E. Milgram, Lee W. Newbury, Georgie Price, Jack Rieger, Ed. Rosen baum, Julius Sanders, Harry J. Schad, Henry G. Segal, Joseph M. Shear, John Martin (Sonny) Shepherd, Al Sherman, J. Ellis Shipman, David Snaper, Stanley S. Sobelson, Joseph R. Springer, Bert M. Stearn, Leo Tolin, Terry Turner, Emmett E. Weakley, Lester H. Wurtele. Dallas Firm Included In Griffith Action Theatre Enterprises of Dallas has been included in the U. S. Government anti-trust suit against Griffith Amusement Company, Oklahoma City. The U. S. Attorney, filing 16 questions in Federal District Court in Oklahoma City last week, directed some of his queries to the Dallas Company. The questions were put to H. J. Griffith, president of Theatre Enterprises and a defendant in the case. Several houses owned by R. E. Griffith Theatres, Inc., and Westex Theatre, Inc., were sold to the Dallas company after R. E. Griffith's death in 1943. The U. S. Attorney was aiming to learn how much stock is owned by H. J. Griffith in Theatre Enterprises. Edgar Kennedy, 58, Dies; Was Veteran Comedian Hollywood Bureau Edgar Kennedy, 58, one of the original Keystone Cops, well known comedian, and master of that art of comedy business known as the "slow burn," died Tuesday at the Motion Picture Hospital after a year's illness. Perhaps best known for the series of "Mr. Average Man" comedies, in which he starred for about 18 years, Mr. Kennedy's feature pictures included "It Happened Tomorrow," "Three Men on a Horse," "A Star Is Born, "Kid Millions," and "Heaven Only Knows."" He was a boxer in San Francisco when Mack Sennett found him and turned him into a comedian. He had served as a director for such comedians as Stan Laurel and Oliver Hardy and Charlie Chase. Exhibitors File Planned Decree In Ascap Action New York exhibitor plaintiffs in the antitrust suit against the American Society of Composers, Authors and Publishers filed their proposed decree with the New York Federal Court this week and Ascap was granted additional time to file a memorandum, stating its position. In Minneapolis, Ascap received a further setback when Judge Gunnar Nordbye rejected the society's petition for an injunction to restrain Benjamin Berger and other defendants from continuing to show films containing Ascap music without first obtaining a public performance license from Ascap. Repeated Contention In the proposed decree filed with Judge Vincent Leibell in New York last week, the 164 exhibitor plaintiffs repeated their contention that, for the sake of protection, Ascap and its members should be barred from splitting music performance and synchonization rights, holding that both these rights should be negotiated and paid for by the producers. They further countered an earlier Ascap argument with the suggestion that any final decree should extend the ban on the collection of performing right fees by Ascap to all exhibitors, rather than just the members of Independent Theatre Owners Association immediately involved in the suit. At a hearing some time ago Judge Robert Patterson, counsel for Ascap, had contended that Judge Leibell's ruling applied only to the plaintiffs. The New York exhibitors attached a memorandum to their proposed judgment, asking Judge Leibell specifically to rule that performing rights need not be acquired by producers for pictures already made. Granted Extension Ascap was to have submitted a memorandum on the proposed decree Tuesday, but was granted an extension to Friday. Louis Frohlich, Ascap attorney, informed the court that he was tied up in the current hearings on the Paramount anti-trust suit. In Minneapolis, Judge Nordbye not only refused to grant the injunction desired by Ascap, but went further in accepting all findings proposed by Mr. Berger and other defendants. In these findings Mr. Berger repeated, that Ascap had "the combined and potential power to deny any theatre owner the right to carry on his business because, without the right to exhibit films containing Ascap music, no theatre owners could stay in business." Ascap members, plaintiffs in the Berger suit, were given 30 days to file an appeal from Judge Nordbye's decision to the Circuit Court of Appeals. The earlier Nordbye decision of September 10, now upheld on appeal, also pointed out the existence of monopoly. 18 MOTION PICTURE HERALD, NOVEMBER 13, 1948