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XOTICE TO THE TRADE
Concerning
Spoor-Thompson Developing Machines
By a decision of Judge Caff ey in the United States District Court, handed down December 23rd, in an action instituted by Bennett Film Laboratories, a subsidiary of Consolidated Film Industries, Inc., against the Spoor-Thompson Machine Co., the manufacturer, delivery, sale and lease of film developing machines to Paramount Famous Lasky Corporation and H. E. R. Laboratories, Inc., and others, by the Spoor-Thompson Machine Co. is enjoined, pending final determination of the action.
Bennett Film Laboratories instituted suit against SpoorThompson Machine Co., to enforce a contract which provided that Bennett Film Laboratories should have the exclusive right to manufacture film developing machines, under patents held in the name of SpoorThompson Machine Co., and which further provided that neither SpoorThompson Machine Co. nor Bennett Film Laboratories could sell, lease or otherwise dispose of any machines covered by said patents, without the consent of the other party. The complaint alleged, that in violation of the terms of this contract, Spoor-Thompson Machine Co. manufactured and leased film developing machines to Paramount Famous Lasky Corporation and H. E. R.
Laboratories, Inc., without the consent of Bennett Film Laboratories, and the action was brought to enjoin SpoorThompson Machine Co. from proceeding with the manufacture, delivery and lease of machines to Paramount Famous Lasky Corporation and H. E. R. Laboratories, Inc., and any other parties. The Bennett Film Laboratories made a motion to enjoin the Spoor-Thompson Machine Co. from continuing with the manufacture, delivery and lease of film developing machines to Paramount Famous Lasky Corporation and H. E. R. Laboratories, Inc., and any other parties, pending final determination of the action.
In the opinion of District Judge Francis G. Caffey, granting the motion of Bennett Film Laboratories, the Court said in part:
(a) "The inherent probabilities deducible from the undisputed facts tend to support the contention of the plaintiff that it has never, in accordance with the terms of the contract, accepted or approved either the Paramount lease or the H. E. R. leases.
(b) The course of conduct of both parties is consistent with, and largely sustains the insistence of plaintiff that it has not accepted or approved said lease.
(c) The documents corroborate the plaintiff upon the material issue concerning which recollections so sharply differ."
Bennett Film Laboratories, inc.
6363 Santa Monica Boulevard
Hollywood, Cal.