Motion Picture Herald (Jan-Feb 1939)

18 MOTION PICTURE HERALD January 7, 1939 CONTEST BRINGS MILLION REPLIES The morning mail on Tuesday brought an estimated million expected that the mail would continue to be loaded with replies replies in the Movie Quiz contest to the of ices of Radio & fubli from distant points through the week. Even this final rush, howcations Contests, Inc., at 480 Lexington Avenue, New York. The ever, was not expected to bring the total number of replies to flood of answers indicated that many contestants had waited until more than 2,000,000. Jack Todd, above left, head of the contest the deadline, December 3 1st, to submit their entries and it was company, helps pile the mail bags and, at right, the readers start. Stock Exchange Expels J. A. Sisto MAJORS SERVED IN SUIT ACAINST"QUIZ" CONTEST Producers and Greatest Year Organization Acting This Week for Dismissal in Court Following the serving of summonses, the eight largest producing companies, Motion Pictures' Greatest Year, Inc., Moredall Realty Corporation, Bobbydick, Inc., all defendants in the suit brought by Milton Spitz in New York federal district court, charging their violation of the copyright held by him on a game allegedly similar to the "Quiz" contest, are expected to move through their counsel, Schwartz and Frohlich for Columbia Pictures, and Phillips and Nizer for the rest. The other defendant, Monogram Pictures Corporation, already has filed, through Rosenblatt & Jaffe, an answer to the complaint, denying all of the plaintiff's charges except the one stating that Monogram Pictures is in the business of distributing motion pictures. The complaint was served on all the defendants except MGM, the United States marshal saying in his report to the court that he "could not find" any offices of MGM in the New York district. The Nizer office, if refused dismissal, expects then to answer the charges in blanket form for all of its clients They will contend that there is no similarity between the "U-Spot-It" contest, copyrighted by Mr. Spitz and associates, and the "Movie Quiz" contest. At the offices of the Motion Pictures Greatest Year, Inc., Harold B. Franklin said that the suit was brought on "very flimsy" evidence. "I don't think they have a leg to stand on," said Mr. Franklin. "You can term this one of those 'strike' suits, whereby people try to cash in on somebody else's good thing. Maybe they hope to be bought off, but I don't think the companies should do any such thing, in a suit like this." The complainant's brief, filed through the law firm of Krellberg and Fitzsimmons on December 5, charged the defendants with copying the game, "U-Spot-It," copyrighted in 1936, but never used, by Ernest Maas and Mr. Spitz. Mr. Spitz seeks damages under the copyright law ; costs of the lawsuit ; impounding of all "quiz" contest booklets ; impounding of all advertising matter ; prohibition by the court of the defendants from selling, manufacturing, or exhibiting the booklets ; and accounting, and surrender, of all profits derived from the booklets' use ; and further damages. Pictures Specially Treated In the original game, specially treated pictures were necessary, with scenes "psychologically tricked by various treatments and camera devices as to give these scenes a definite significance" (according to the "U-Spot-It" explanatory literature.) The finale was to be carried out in each theatre, with a judge calling from the audience those members who thought they had seen in a picture certain scenes containing an item mentioned upon a card they received on entering the theatre. The judge was to ask the contest participant "specially prepared questions ... if these questions are answered to the satisfaction of the judge, the holder will then be declared a winner and awarded a prize, if there is one." Joseph A. Sisto, head of the Wall Street brokerage firm of J. A. Sisto and Company, was expelled last Thursday from the New York Stock Exchange, the Exchange committee on member firms charging that he had sold the firm's own stock to the Sisto Financial Corporation, which he controlled, at a substantial and arbitrary mark-up in price, buying for 15^ a share and selling on or about the same date for 23. Mr. Sisto publicly said, "In my opinion my conduct was in all respects proper." He had at various times been connected financially in motion pictures. Russell Birdwell Resigns From Selznick Company David O. Selznick, president of Selznick International, this week announced the resignation of Russell Birdwell, who has headed the company's publicity, advertising and exploitation department since the organization of the film corporation three years ago. Mr. Selznick referred to Mr. Birdwell as "Hollywood's best press agent and ambassador of public good will." Mr. Birdwell leaves the company on February 1st. He said he would open offices in Beverly Hills, New York and Washington, D. C., and would head a publicity and public relations company that will operate internationally. Bryant Theatre Supply Company, Inc., Charlotte, N. C, has been formed with authorized capital of $100,000 by Max W. Bryant of Rock Hill, S. C. ; J. B. Erskine and T. B. Autrey, both of Charlotte.