Gruen Watch Co. v. Artists Alliance, Inc.

The various motions of the defendants, heretofore submitted, are now decided as follows:

*565 (1) The motion of the defendants Artists Alliance, Inc., Lester Cowan, and Lester Cowan, doing business as Lester Cowan Productions, to dismiss the second amended and supplemental complaint as to them, is hereby granted.

(2) The motion of the same defendants to strike certain portions from the second amended and supplemental complaint is granted.

(3) The motion of the defendant Bulova Watch Company, Inc., to dismiss the complaint as to them is granted.

Formal order dismissing said complaint to follow.

Costs to the defendants.

I. The Pleadings.

Action by the plaintiff to recover general damages in the sum of $100,000.00 and punitive damages in an equal sum and seeking injunction. The defendants have moved to dismiss and to strike portions of the amended and supplemental complaint.

The basis for asserted liability against the defendant Cowan is that, contrary to the agreement, to be referred to hereinafter, they appropriated an advertising display made by the plaintiff to be used in a motion picture to be made by Cowan, and placed the name of Bulova on it and used it in the picture…