Voice in the Wind

(1944)   Tags: United Artists

Martenet v. United Artists Corporation

Plaintiff seeks an injunction pendente lite to restrain use of the title “Voice in the Wind” by defendant corporation who is a distributor of a motion picture film bearing that name. Plaintiff is the author of a novelette entitled “Voice in the Wind” which was previously published and copyrighted by McCall’s Magazine in its August 1942 issue, and has brought an action for a permanent injunction and for an accounting.

Judgment: I do not believe that plaintiff has made a sufficient showing of such irreparable harm by the continued use of the title by defendant to warrant injunctive relief in this case. The motion must therefore be denied.