Jones

We are asked to review a judgment of dismissal on the merits of a suit brought by appellant to enjoin appellees from manufacturing, producing, selling or exhibiting a motion picture serial, and to recoyer damages.

*673 Appellant brought this suit in a state court of California. It was based on the theory that appellees were producing and exhibiting a motion picture serial entitled “The Lone Ranger” in which appellees were pirating well-known actions, features and mannerisms of appellant, and his horse “Silver”. In view of our conclusion it is unnecessary to state the allegations regarding the pirating. Appellant alleged that appellees “have and now are producing” the motion picture serial; that appellees “and each and all of them, have planned and conspired together to sell and exhibit throughout the world said motion picture serial known as ‘The Lone Ranger’ as an imitation of and with the idea of leading the public to believe that said production is a production of plaintiff and his horse ‘Silver’ * * It was further alleged that appellees “and each of them, plan and intend to and will unless restrained by this Court, continue their said false and fraudulent scheme and plan, and…