Exhibitors Herald (Oct-Dec 1922)

44 EXHIBITORS HERALD December 16, 1922 Vitagraph Sues Paramount ; Seeks $6,000,000 Damages (.Continued from fage 32) and engaged in various unfair methods of competition and illegal practices." It claims that Famous Players, by various inducements, attempted to interfere with its contracts with Alice Joyce, Victor Smith, and various other employees. It then states: (3) In or about the year 1918 George Randolph Chester, a celebrated author and the originator of the fictional character known as "Get-Rich-Quick Wallingford," became associated and identified with the plaintiff in an editorial capacity, and it became known in the industry and by the defendants that plaintiff planned the production of several motion pictures under the authorship and direction of the said George Randolph Chester. As early as September in the year 1919. plaintiff above named publicly announced its intention to produce one or more motion pictures around the fictional character created by George Randolph Chester known as "J. Rufus Wallingford," and on or about October 30, 1921, the plaintiff released a motion picture founded upon a story of which the said George Randolph Chester was the author, entitled "The Son of Wallingford." During the production of plaintiff's said picture entitled "The Son of Wallingford." much trade publicity was given to the coming release of said production, with all of which said corporate defendant was thoroughly familiar, and about the 15th day of November, 1920, the International Film Service, Inc., a corporation organized and existing under the laws of the State of New York, engaged in the business of producing motion pictures known as "Cosmopolitan Productions," which were then and thereafter released for exhibition throughout the United States and Canada through the defendant Famous Players-Lasky Corporation, began the production of a motion picture entitled "Get-Rich-Quick Wallingford," which said picture was released for exhibition throughout the United States and Canada by the defendant Famous Players-Lasky Corporation in or about the month of December. 1921, and plaintiff alleges that the defendant Famous Players-Lasky Corporation distributed and caused the said picture entitled "Get-Rich-Quick Wallingford" to be distributed throughout the United States and Canada in unfair competition with the plaintiff and its picture entitled "The Son of Wallingford," and delayed the distribution thereof until it would do the greatest injury to the plaintiff, and that by so doing the defendant caused the plaintiff to sustain a loss of at least One Hundred Thousand Dollars in the distribution and exploitation of the plain tiff's said picture entitled "The Son of Wallingford." (4) On or about March 24, 1913, plaintiff acquired from the Executor of John Arthur Fraser the right to produce in motion picture form John Arthur Fraser's version of the subject entitled "The Little Minister," of which J. M. Barrie was the author. Thereafter plaintiff produced and distributed throughout the United States a motion picture entitled "The Little Minister," based upon the version thereof by the said John Arthur Fraser. During the year 1921 the defendant Famous Players-Lasky Corporation publicly announced its intention to produce and distribute a picture entitled "The Little Minister," based upon the play of which the said J. M. Barrie was the author. Thereafter plaintiff directed the attention of the said defendant to the fact that plai'ntiff had previously produced the picture entitled "The Little Minister" and had certain rights therein. Thereupon a controversy arose between the plaintiff and the said defendant with reference to the rights of the respective parties in and to the picture rights in said subject entitled "The Little Minister," and as a result of such controversy the plaintiff reproduced and re-posed an entirely new picture entitled "The Little Minister," substantially in accord with the version of tbe said John Arthur Fraser thereof as aforesaid, and released the said picture for distribution and exploitation throughout the United States. At or about the same time the defendant Famous Players-Lasky Corporation released for distribution and exhibition throughout the United States a picture made and produced shortly prior thereto by the said defendant, based upon the play of the said J. M. Barrie and entitled "The Little Minister." Quotes Alleged Statement Going into further details in regard to the damage, it alleges Vitagraph sustained in connection with the distribution of "The Little Minister," the bill recites : And said defendant in or about the month of January, 1922, advertised extensively among the exhibitors of the United States the said picture entitled "The Little Minister" produced by said defendant as aforesaid and in connection therewith caused the following statement to be made to thousands of the said exhibitors throughout the country: "In order that every exhibitor may have the benefit of an early booking, we have on hand an extra supply of prints so that you can have it whenever you want it, and we will investigate your past playing arrangements with us and make the price to you at a figure you cannot refuse. All we ask is that you fill out and return to us at once the enclosed blank in order that we may give you the benefit of an early showing. "Don't delay this, as 'The Little Minister' is now going big and you can get the benefit if you hustle in your date. Leave the price to us, IT WILL BE RIGHT, and to your advantage. Cordially yours, Famous Players-Lasky Corporation." That the acts of the defendant Famous PlayersLasky Corporation in connection with its exploitation of its said picture entitled "The Little Minister" constituted and were unfair competition with the plaintiff above named and caused the plaintiff damage in a sum largely in excess of One Hundred Thousand Dollars. "Kick Out Vitagraph" Letters Special stress, too, is placed upon a Night," which was suggested in the "HERALD," is a very good stunt for a dull night. I have had two so far and each time have increased receipts about $10 over same night at regular prices. EDITOR'S NOTE— Family night is described under "Money Making Ideas" in the September issue of the Box Office Record. In brief, it consists of letting entire families in on one ticket, sold for the price of two adults' admissions or some other sum carefully arrived at. Much of its effectiveness depends on the widencss of its being advertised. By M. HILLYER (Pastime Theatre, Reserve, Kans.) Note — Mr. Ilillyer's description of how to arrange a mechanical window display is too long for this column and is presented in full in "Letters From Readers" on page 66. letter alleged to have been addressed by Sidney R. Kent to M. S. Wilson, branch manager for Famous Players at Denver, Colo., together with a letter which Wilson is alleged to have addressed to salesmen in the Denver territory. The letters, as set forth in the bill, are as follows: "Mr. M. S. Wilson, 1747 Welton Street. Denver, Colorado. Dear Mr. Wilson : The Vitagraph Company for some reason or other seems to be concentrating every effort thef make against this organization. They brought out the Son of Wallingford in opposition to Get Rich Quick Wallingford, put out the version of Little Minister in opposition to our own and are now doing everything possible to hinder our drive in March. Their plan is to tie up with the M. P. T. O. and offer the exhibitors Organization 3% of their business during this month this 3% to be paid in to the various state treasuries of tne exhibitor organization in any number cf key points. The officials of the M. P. T. O. are holding meetings and force every exhibitor who comes in to book Vitagraph during that month. There is no sober minded person who can't see where this will lead to as far as the exhibitor is concerned because the class of production being made by that organization is not going to do much for them at the box office. We have already advised you of our plan for the small towns during the March drive that is cutting further service in two in order to help the exhibitors during anniversary month. However, I desire to repay in like coin and this is to advise you that I want you to kick out every Vitagraph account that you can find irrespective of the terms you may have to make just so you cancel the contract and get them out of the way. As !ong as they insist on a fight let's give it to them. Yours very truly, S. R. KENT." "Salesmen : I am attaching herewith a copy of a communication from the office of Mr. S. R. Kent which I want you to read carefully and I sincerely trust that the matters as contained in this communication will be treated strictly confidential but that you will be able to accomplish the results along the lines which he mentions. Please do not permit anyone to read this communication and work quietly on this subject but get the results. You will note that he lets down the barriers regardless of the terms which you might have to make but you must have convincing proof that you will be able to kick Vitagraph out. "Will you please acknowledge direct to me the receipt of this communication and your complete and thorough understanding of our instructions? Very truly yours, M. S. WILSON." Immediate trial of the suit is not expected by persons familiar with federal court procedure. On account of the importance of many phases of the matter and the far-reaching results, it is believed that it will be a year — probably longer — before a decision can be expected. Strand Theatre Books Two Warner Features For Consecutive Runs (Special to Exhibitors Herald) NEW YORK, Dec. 5.— Premiere presentation of two Warner Brothers features are scheduled for the Strand theatre, New York for two consecutive weeks. "The Beautiful and Damned," with Marie Prevost, is booked for the week of December 10 and "Heroes of the Street," a Harry Rapf production, featuring Wesley Barry, will be shown the following week. According to Harry M. Warner, this is the first time in the history of Broadway that two independent productions are to be shown for two consecutive weeks at the Strand theatre. To aid the Strand management, the Warner publicity department has planned an extensive publicity and advertising campaign for both productions, "The Beautiful and Damned" is a pio turization of F. Scott Fitzgerald's novel of the same name. "Heroes of the Street," featuring Wesley Barry, is said to be the greatest picture of the freckled youngster's career. MONEY MAKING IDEAS Which Have Been Used Successfully by Exhibitors to Build Up Their Patronage By E. L. WHARTON (Orpheum Theatre, Glasgow, Mont.) The kids are your best friends. On a careful check, we find that for every kid ticket, we average two adults. Book three short subjects and give a free matinee Christmas Day with candy for the kids. Add prestige to your house and run a good feature Christmas night to a full house of paid admissions. Have wished our folks a Merry Christmas this way for two years and always add new faces at the "How Many" window. By N. E. FRANK (Regent Theatre, Wayland, Mich.) I have found that Family