Motion Picture News (Mar-Apr 1923)

1890 b Motion Picture News "Sherlock Holmes" Decision Upheld Appellate Court Refuses Temporary Injunction Against Educational Company THE Appellate Division of the Supreme Court of New \ork, iu a decision banded down a lew days ago, has affirmed the decision of Justice Francis Martin in the Supreme Court refusing a temporary injunction in the action brought by W illiam Gillette, Charles Frohman, Inc., and Alcet Enterprises. Inc., against the Educational Film Exchanges. Inc., and the Stoll Film Company questioning the right of the defendants to use the name " Sherlock Holmes " or " The Adventures of Sherlock Holmes " in connection with advertising the two-reel motion pictures on The Adventures of Sherlock Holmes by Sir Arthur Conan Doyle. Shortly after Educational began releasing u The Adventures of Sherlock Holmes *' last spring, Nathan Burkan, representing Gillette, Charles Frohman, Inc., and Alcet Enterprises filed a petition for a permanent injunction against Educational and the Stoll Company. The latter, however, was never served with a summons. In August a motion was made for a temporary injunction, which was refused by Justice Martin after lengthy arguments. — It was claimed by the plaintiffs that they had the only -right to the use of the name, Sherlock Holmes, through a contract made in 1897 between Conan Doyle and Charles Frohman, who died on the Lusitania in 1915. A stage play was written by Gillette and produced in 1900 under the name, " Sherlock Holmes." On the strength of this contract, which the plaintiffs claimed became the property of Charles Frohmann. Inc.. upon the death of Frohman, the motion picture rights were sold to Essanay in 1916 for five years. In 1921 these rights were bought for the Alcet Enterprises, and a feature motion picture was produced called " Sherlock Holmes," in which John Barrymore played the leading role. Production work on the first series of The Adventures of Sherlock Holmes was carried on prior to this. Each of these pictures was based on one of the Conan Doyle stories, and distinctly bore its* title. The contract between Frohman and Conan Doyle called for a single dramatic production. It was claimed by the defendants, therefore, that the use of " Sherlock Holmes " and " The Adventures of Sherlock Holmes " in advertising this series of Short Subjects in no way infringed on any rights which the plaintiffs may have had under the old contract. Fifteen two-reel pictures have been released in the series of The Adventures of Sherlock Holmes. Educational Film Exchanges, Inc., was represented by Herman Goldman, through Elkan Turk. Jerome Storm Is Directing "Children of Jazz" Jerome Storm has started " Children of Jazz," from a play by Harold Brighouse adapted by Beulah Marie Dix, at Paramount's West Coast studio. The cast includes Theodore Kosloff, Ricardo Cortez, Eileen Percy, Irene Dalton and Robert Cain. An island location near the Southern California coast will probably be sought for many of the scenes. Ralph Block is production editor. Garson to Produce Original Story for Universal Harry Garson has made a contract to produce for Universal an original story by John Black-Wood. The continuity is being prepared by Leonore Coffee. Scenes from the Paramount picture, " The Nth Commandment," with Colleen Moore and James Morrison. Desmond Starts First "U" Feature William Desmond, newly signed Universal feature star, already has started work on his first Universal five reeler, according to word from the coast. It is " MeGuire of the Mounted," a Northwest Mounted Police story written and scenarized by Raymond L. Schroek, scenario editor at Universal City, assisted by George Hively. Richard Stanton, the director, is at present taking interior scenes at Universal City, but the company is due to go to the California mountains for snow scenes in a few weeks. " MeGuire of the Mounted " ' probably will be ready for release early in July. Continuities in Process for First National From the material acquired by First National for next season's productions, three stories have just been turned over to continuity writers, for adaptation. They are : " The Huntress," a novel by Hulbert Footner; " Her Temporary Husband," a play by Edward A. Paulton and " Lord of the Thundergate," a novel by Sidney Hersehel Small. Percy Heath has been assigned to write the continuity on " The Huntress." " Her Temporary Husband " is being adapted by F. McGrew Willis. Fred Myton is handling " Lord of the Thundergate." Ralph Ince Starts New Subject for Paramount Ralph Ince has begun production of a new picture starring Dorottiy Dalton at the Paramount Long Island studio. It is a French storv adapted by J. Clarkson Miller from the play, " Leah Kleschna," by C. M. S. McLellan. Miss Dalton will have the support of James Rennie, Alphonse Ethier, Walter Percival, Frederick Lewis and others who have not yet been selected. Arthur Cozine will be Mr. Ince's assistant on this picture and Wiiliam Miller will be the cameraman. Some moments from Gladys Walton's latest vehicle titled " The Town Scandal," in which Edward Hearn appears opposite the star.