Sherlock Holmes Decision Upheld
"Sherlock Holmes" Decision Upheld is an article published on 21 april 1923 in Motion Picture News.
"Sherlock Holmes" Decision Upheld
Appellate Court Refuses Temporary Injunction Against Educational Company
The Appellate Division of the Supreme of New York, in a decision handed down a few days ago, has affirmed the decision of Justice Francis Martin in the Supreme Court refusing a temporary injunction in the action brought by William 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 "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 earned 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 rep-resented by Herman Goldman, through Elkan Turk.
