Tomlin

In 1937, Pinky Tomlin (hereinafter referred to as Tomlin) wrote and subsequently performed a copyrighted song entitled “The Love Bug Will Bite You (If You Don’t Watch Out).”

In that same year Tomlin entered into a standard type contract with a music publisher whereby he assigned his rights in the composition to the publisher in return for royalties. Said contract was renewed in 1964. Neither the original publisher nor its successor is a party to this action.

The attribution of strong desires and emotions to the bite of a legendary “bug” had been part of the American idiom long prior to 1937 and in fact several persons had previously copyrighted musical and dramatic compositions with the title “Love Bug.” Tomlin’s composition, however, unquestionably enjoyed a greater success and popularity than any other similarly titled composition.

In 1969, Walt Disney Productions (hereinafter referred to as Disney), after extensive advance publicity, released for exhibition throughout the United States and foreign countries a motion picture entitled “The Love Bug.” This screenplay featured a Volkswagen automobile with human attributes. At this point in history there can be no…