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FISHLER v. TWENTIETH CENTURY-FOX FILM CORPORATION

Civ. No. 19102.

159 F.Supp. 215 (1958)

Max FISHLER and Joaquin del Rio, Plaintiffs, v. TWENTIETH CENTURY-FOX FILM CORPORATION, a California corporation, Defendant.

United States District Court S. D. California, Central Division.

February 7, 1958.

Attorney(s) appearing for the Case

Jerome Weber, Reuben Rosensweig, and Jack Altman, Los Angeles, Cal., for plaintiff.

Musick, Peeler & Garrett, Harold F. Collins and John P. Pollock, by Harold F. Collins and John P. Pollock, Los Angeles, Cal., for defendant.

TOLIN, District Judge.

The Complaint pleads two causes of action. Each is an alternate way of stating the same claim. Plaintiffs contend that they are the authors of a play based on the life of Queen Elizabeth and entitled "Virgin Queen". They contend that because of the widespread distribution of their play among the trade, that the title "Virgin Queen" has acquired secondary meaning, to wit, that among writers, producers, actors, and others associated with the motion...

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