The Moving picture world (January 1920-February 1920)

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924 THE MOVING PICTURE WORLD February 7, 1920 Here's the Photographic Proof of Why Allan Dwan's "The Luck of the Irish" Is Going Strong. Glimpses of the power in this second Dwan production for Realart. National Picture Theatres Loses Suit to Enjoin Foundation Film THE application made by the Xational Picture Theatres, Inc., to enjoin the Foundation Film Corporation from distributing a screen dramatization of "The Torrent," under the title of "The Blindness of Youth," was denied by Judge Knox in the United States District Court, New York, on January 26. Judge Knox ruled that in view of the fact that Lou Tellegen, co-author and star in the spoken drama entitled "Blind Youth," is in no way associated with the proposed cinema dramatization of that play by the National Picture Theatres, Inc., the latter company is not entitled to a preliminary injunction restraining the Foundation Film Corporation from using the title adopted. The National Picture Theatres, Inc., contended that the exhibition of the cinema dramatization of "The Torrent" under the title of "The Blindness of Youth" would mislead the public and persons would attend the performances of the photoplay under the misapprehension that it was a screen version of "Blind Youth." Text of Opinion. The opinion of Judge Knox is in part as follows : "In the first place it must be borne in mmd that the picture which the defendant is about to produce is entitled "The Blindness of Youth,' whilst the rights of the complainant are those which attach to the title of a play known as 'Blind Youth.' "The latter, in the spoken drama, acquired whatever reputation it enjoys, in whole, or certainly in large part by reason of the fact that one Lou Tellegen, said to be an actor of great and worldwide reputation and exceptional ability, played the leading role. "There is no allegation that this actor IS to participate in the picture to be produced by the complainant under the name of 'Blind Youth'; nor is there suggestion that the defendant's picture The Blindness of Youth,' will in any' particular, attempt to pirate plot theme action or motif of the play which Tellegen helped to write, and in which he acted. If this were true an entirely different case would be presented. Actor Rather Than Play. ".\s the litigation stands, I am unable to find that, disassociated from the name of Lou Tellegen, there is in the production of a moving picture drama named 'The Blindness of Youth' such a degree of unfair competition as would justify my interposition by way of injunction. "The names of plays, in the absence of the names of the actors who vitalized them, are, I think, for the most part tenuous, and with few exceptions we remember the actor rather than the names of vehicles in which they rode to fame. "There will be attached to this somewhat different name none of the reflected reputation or creative genius of Lou Tellegen, nor of his histrionic ability and effort, and I cannot but feel that the persons who will be deceived as to the play and its origin through the similarity of name will be so few as to be negligible." Judge Knox held further that there is no property right in the use of the title, "Blind Youth," which entitles the owners of the motion picture rights to the drama to injunctive relief preventing rival film companies from using similar titles. Refused Further Modification. The Foundation Film Corporation originally adopted the title of "The Blind Youth," but changed the title at the request of the National Picture Theatres, Inc., to avoid and confusion which might arise from the use of a title so similar to that of the Willard MackTellegen drama. The modification of the title did not satisfy the National Picture Theatres, Inc., and the court action was resorted to when the Foundation Film Corporation refused to make any further concessions in the matter, contending that the photoplay is being released and widely advertised as an adaptation of the French , drama entitled "The Torrent," by M. C. Herber, and could not be confused with "Blind Youth." Harry Bugie Leaves Atlanta. Harry A. Bugie, manager of Pathe's .Atlanta exchange for two years, has resigned to become sales manager for Dwyer Brothers' Company of Cincinnati. His resignation took effect on February 1. Mr. Bugie was one of the most popular managers in the territory. He is a charter member of the Film Exchange Managers' Association of Atlanta and has been one of its most active members. A host of friends regret his departure from Atlanta and wish him success in his new position. If Hotels Are Crowded, Why Buy a $200,000 Home IF you cannot obtain a room in a hotel, buy a $200,000 home. That's what William Farnum did in Hollywood. Advices recently received at the home offices of Fox Film Corporation announced that the star, disgusted at the crowded condition of Los .Angeles hotels, had bought a twenty-room mansion atop Santa Monica mountains, overlooking Los .Angeles, Hollywood, Tacalina and the Pacific Ocean. Not only did the estate cost the figure quoted above, but the purchase price was paid in cash. Included with the house are seven acres of orchard and garden, which will enable the star lo raise all his own oranges, pecans and vegetables. An inveterate outdoor man, Mr. Farnum now may be seen each evening, after work in the studios, wielding the hoe on the grounds of his new home. Mr. Farnum recently completed "The Adventurer" in the East and went to the Pacific Coast with his company to begin work on "The Orphan," adapted from Clarence E. Mulford's novel of western life. He found. Los Angeles suffering from a shortage of hotel rooms just as is New York. The star himself obtained comfortable quarters, but several of the executive members of his company were not so fortunate. Some kind soul called Mr. Farnum's attention to the fact that the big mansion he had passed many times in his automobile and had so often admired could be purchased. The price did not feaze Mr. Farnum. He announced to his executives that they could have rooms with him and they moved into their new quarters with great glee.