The New York Clipper (September 1917)

September 26, 1917 THE NEW YORK CLIPPER 39 CHAPLIN SUES APOLLO FILM COMPANY CHARGES THEY IMITATE HIM Charlie Chaplin, through his attorney, Nathan Burkan, on Monday obtained an injunction from Judge Hough in the United States District Court restraining the New Apollo Feature Film Co. and Hugo Maienthau from releasing or offer- ing for sale the motion picture films "The Son of the Gods," and "Charlie in the Harem." The injunction was granted Chaplin pending the trial of an action in- stituted against the defendants for an accounting of the receipts and profits of the film, and damages of $50,000. In his bill of complaint, Chaplin alleges that the defendants released the above mentioned pictures which have as the opening part a scene from "The Champion," a picture in which Chaplin appeared. After this scene, they exhibited others in which a man "made up" to impersonate Chaplin appeared and performed the rest of the business depicted in both films, he declares. Chaplin charges that when these films were completed the advertising matter got out read, "Chas. Chaplin, appearing in 'A Son of the Gods,' and Charlie Chap- lin in "Charlie in a Harem." He says that this matter was entirely misleading and that the picture was produced without his consent not being based on a scenario prepared by him or directed or acted in by him. He claims that, in addition to posters and other outdoor advertising matter, the defendants had made up and exhibited in theatres slides and heralds which bore his likeness and stating that he was featured in the pictures. According to Burkan, this is the first of a series of actions that Chaplin will bring against persons who have made pic- tures of this sort or copied his original works without his consent, or have muti- lated film in which he appeared and recon- structed the parts, with additions in which other persons have appeared, imitating him. He will also take measures to sup- press stage imitators of his work, he says. "MACISTE" KILLED IN WAR Rous, Italy, Sept. SL—On the list of recent casualties reported at the Italian War Office appears the name of Ernesto Pagani, who, as "Maciate" was a well known motion picture figure here. Ma- ciste, who was a giant in build, was first seen here several years ago as the.slave in "Cabiria," and during the last Summer in a picture called "The Warrior," which was exhibited at the Criterion. Maciste was the largest man in the Italian King- dom, and had been of considerable assist- ance to bis country. He was slain during the recent offensive on the Bainsizza Plateau. BROADWAY SEES BRENON PICTURE Herbert Brenon's latest production "The Fall of the Romanoffs" opened at the Broadway Theatre last Sunday. The en- gagement is for two weeks only, owing to the ' fact that the theatre bookings have been made in advance. The production is an elaborate one, and the subject one of vital interest and importance. It depicts Russian conditions and affairs prior to the Russian revolution and the downfall of the Czar and Czarina. It is one of the biggest productions of the year and has unanimously been pronounced another Brenon triumph. BRENON-FOX CASES READY Herbert Brenon and William Fox will have their day in Court next month as counter actions they brought in the Su- preme Court are marked for trial on the calendar. The Brenon suits against the Fox concern are both injunction proceed- ings, in one of which he desires the Court to order Fox to use his name on the pro- gram, all billing and the film title used for the Annette Kellerman picture, "A Daughter of the Gods," the production of which he directed. The other is to re- strain the Fox concern from exhibiting a film entitled, "The War Brides' Secret," on account of the similarity of the title to that of his production of "War Brides," in which Mme. Nazimova was featured. The Fox action is to restrain Brenon from using the title of Manager of "Fox Film Stars," and to cause him to have lemoved from his letterheads, stationery and advertising matter the name of Fox stars and Fox productions, which he claims to have produced. Rogers and Rogers appear as attorneys for Fox. HARRY GARSON IS SUED The K. and R. Film Corp. will shortly bring to trial in the Supreme Court an action against Harry L. Garson for an accounting of the receipts on "Silver Threads Among the Gold," which they allege he exhibited in the state of Ohio without their permission. The damages, they state, approximate $4,000. Garson bought the rights for this film for the state of Michigan, last year, and the plaintiffs allege that he used a copy intended for that state, in Ohio, without their consent or permission. Herman G. Loew appears as attorney for the plain- tiff. PHILIPP GOES INTO PICTURES Adolf Philipp announced last week that he is about to organize his own motion picture producing company for the pur- pose of filming some of his old successes, including "Alma, Where do You Live," "Adele" and "The Midnight Girl." Philipp is at present co-manager, stage director and leading actor of the stock company at the Yorkville Theatre, and also, inci- dentally the author of the majority of the plays presented by that organization. He . will appear In the leading roles in his pictures and hopes to make his first re- lease about the first of next January. GRIFFITH HAS NEW MANAGER J. S. McSween, of Philadelphia, has been appointed manager of the booking de- partment for D. W. Griffith's "Intoler- ance." A separate suite of offices for the handling of .this picture have been opened on the ninth floor of the Longacre build- ing. McSween will book "Intolerance" in the leading motion picture houses of the country, a policy, it is said, Griffith rejected several times since be first pro- duced the picture a year ago. SAYS FAIRBANKS TOOK SCENARIO Claiming that "Down to Earth" is based on ber scenario manuscript entitled "A Wonderful Cure," Izola Forrester has brought an action at law against Douglas Fairbanks for $2,000 damages. Miss For- rester claims that "Down to Earth" is an embodiment of her script. Suit was brought through Edward K. Sumerwell, her attorney. Fairbanks is represented by the law firm of O'Brien, Malevinsky and Driscoll. CHANGE DATE OF BENEFIT A. I/. Shakman, managing director of the 81st Street Theatre, announces that the date of the big benefit performance for the House Fund of the Screen Club of New York has been advanced to Tues- day, October 9th, in order to permit of an elaboration of the program for that night COURT HALTS A THIRD MAD MONK FILM BRENON BRINGS ACTION Judge Hough, in the Federal District Court, last week granted a temporary in- junction to the Iliodor Pictures Corpora- tion restraining Ilidor, the Russian monk: Ben Blumentbal, Isaac E. Chadwick and the Export and Import Film Company, Inc., from exhibiting, advertising, selling or otherwise disposing of a motion picture production called "The Tyranny of the Romanoffs," and purporting to have been made with Iliodor in the leading role. According to the affidavits filed, the is- sue seems to have been less the manner in which the late house of Romanoff was deposed as the use of the name of Iliodor, to which the Iliodor Picture Company claims certain specific rights. The Iliodor Picture Company owns "The Fall of the Romanoffs," produced at a cost of $250,- 000 by Herbert Brenon and scheduled for its initial public showing Sunday at the Broadway Theatre. The monk, Iliodor, acted the leading role in this production under alleged terms in his contract, which gave the motion picture concern the rights to reproduce the story of his life and his connection with the Monk Rasputin, con- fidant of the deposed Czar and the Russian Royal family. The Iliodor Company, through it8 attor- neys, O'Gorman, Battle & Vandiver, and Gabriel L. Hess, stated that the certain value imparted to its production, "The Fall of the Romanoffs," through the origi- nal production investment, together with a heavy expenditure involved in an extensive advertising campaign beginning three months, it is alleged, before first advertise- ments exploiting "The Tyranny of the Romanoffs," would be seriously damaged by the alleged illegal competition. A ■court hearing of the evidence demand- ing permanence of the injunction will take place tomorrow. Mr. Blumenthal, of the Export and Im- port Film Company, will fight the case to a finish, he says. BRENON GOES TO HOSPITAL Herbert Brenon was taken to the Post- Craduate Hospital last Monday morning to undergo an operation for appendicitis. Rrenon has been ill for some time, but it was thought his trouble was due to overwork. PLAN BRONX FILM BALL NOV. S The Cinema Exhibitors' Association of Bronx County plans to give its annual film ball on Nov. 5. "POLLY ANN" STARTS SUIT Alleging that the title "Polly Ann" ia an infringement upon the title "Polly- unna," Klaw and Erlanger and George C Tyler have brought an action in the Su- preme Court to enjoin the Triangle Film Company from exploiting a film by that name. BeBidea the injunction, the plain- tiffs seek an accounting of all the receipts received from the performance and exhibi- tion of the film. NEW CONCERN FORMED The Congress Feature Film Corp. was incorporated in the olfice of the Secretary of State at Albany, last week. This con- cern will shortly produce a twelve reel motion picture entitled, "Humanity" the scenario of which is the work of Capt. F. F. Stell, who was General Superintendent of Free Delivery in the United States Post Office Department. WILL BUILD PICTURE HOUSES Trentow. N. J., Sept. 14.—A charter was granted here today to the Motion Pic- ture Realty Corporation, Inc., capitalized at $500,000. The company will construct motion picture theatres and buildings for other forms of amusement. The incor- porators are Charles Drapkin, Jeremiah J. Collins and Panl M. Habn. GENERAL SUES INSURANCE CO. The General Film Co. has instituted an action against the Liverpool and Glasgow- Fire Insurance Co. to recover $3,000 on a policy issued on a shipment of motion picture film which was destroyed by fire while in transit. The action will be tried in the Supreme Court next month. BIRK'S CHAUFFEUR SUMMONED James Morroto, chauffeur for D. Birk, a film distributor of T29 Seventh avenue, whs summoned to the Traffic Court yester- day by Policeman Michael Fasciglione for standing his automobile in front of the Godfrey building for over one hour last Friday. BEE BEE PLAY CO. IS SUED The New York Edison Co. last week obtained a verdict of 8223.36 against the Bee Bee Photo Play Corp. for the hitter's failure to pay an electric light bill. The judgment to this effect was recorded in the County Clerk's office last Monday. TO FILM "FUTURE GENERATION" The Sunshipe Film Corporation has purchased Clifford D. Harmer's scenario entitled "The Future Generation," and will make it a six-reel feature. Work will be started on it next month. PARAMOUNT GETS JONES PLAY "Mrs. Dane's Defense" has been se- cured by Paramount for the next vehicle for Pauline Frederick. Hugh Ford will direct the picture. WILLIAM A. BRADY, Director-General WORLD-PICTURES Present LEW FIELDS Madge Evans in "The Corner Grocer" From the pl»y which ram over 900 nights ia Ne York City Directed by George Cowl I