Groucho Marx Productions, Inc. v. Day and Night Co.

523 F. Supp. 485 (1981)

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Groucho Marx Productions, Inc. v. Day and Night Co.

United States District Court for the Southern District of New York
523 F. Supp. 485 (1981)

SH

Facts

Day and Night Company, Inc. (defendant) produced a Broadway musical. Part of the musical portrayed the Marx Brothers performing Chekhov’s novel, The Bear, as a play. Although the Marx Brothers’ names were not used in the musical, the performers reproduced the Marx Brothers’ looks and comedy style. Several individuals claimed rights and interest in the likenesses and styles of each of the Marx Brothers’ characters based on the rights having passed through assignment or probate from each of the Marx Brothers. These individuals, along with Groucho Marx Productions, Inc. (collectively, the rights holders), filed suit against Day & Night, seeking damages equal to license fees for the use of the Marx Brothers’ characters.

Rule of Law

Issue

Holding and Reasoning (Conner, J.)

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