Plaintiffs, - sgainst - TIONAL COMICS PUBLICATIONS, INC INDEPENDENT NEWS CO., INC. ,THE NC CLURE NEWSPAPER SYNDICAIE, HARRY DONENFELD, JACOB LIEBOWIIZ, end PAUL H. SAMPLINER, and wAYNE BORING, Defendente. Plaintiffs, by their attorneys, SLONIM, uEKSTEIN & FRIEDMAN, for their complaint, respectfully show to the court and allege:- ‘I CAUSE OF ACTION FIRST: That the defendant, NATIONAL couIcs UVBLICATIONS, INC., was and still 4s a domestie corporstion duly organized and existing under and by virtue of the lawe of the State of New York, SECOND: Thet the defendant, INDEPENDENT NEWS O., INC., was and still is a domestic corporstion duly or- ganized and existing under and by virtue of the laws of the State of New York. THIRD! That the defendant, THE MC CLURE NEWS- PAPER SYNDICATE was and etill is e domestic corporation duly organized and existing’ under and by. virtue of the laws of the State of New York, FOURIH: Thet Detective Camics, Inc. was a cor= poration duly orgenized and existing under and by virtue of | the laws of the State of New York. — FIFTH: Upon information and belief Superman,Inc. wee @ corporation duly orgenized and existing under and by virtue of the laws of the State of New York and thet the said corporation was organized by Detective Comics, Inc. and the defendants, HARRY DONENFELD, JACOB LIZBo, TZ and i FAUL H. SAMPLINER, and at all the times hereinafter mentioned qq)the officers and directors of Superman, Ine, were the same persons who were the offices and directors of Detective Comics, Inc., end that all facts known to Detective Comica, Inc., were known to Superman, Inc. and that at all times hereinefter mentioned Superman, Inc. was completely control- led by Detective, Comics, Inc, and the defendants, HARRY DONENFELD, JACOB LIEBOWITZ and PAUL H. SAMPLINER. SIXTH: Thet on or about the 22nd day of Septem- ber, 1938, for s valuable consideration Detective Comics, Ine., and the defendant, THE MC CLURE NEWSPAPER SYNDICATE, entered into a contract in writing with the plaintiffe, a true copy of which 1s hereto annexed and marked Exhibit "A" and made part of this complaint as 1f here incorporated at length. SEVENTH: That on or ebout the 19th day of De- cember, 1939, for a valuable coneideration, Detective Comks, Inc. entered into an agreement with the plaintiffs to modify the contract hereinabove set out in paragraph "SIXTH" ana whereby the eaid contract wes modified, and the said agree- ment wae in writing and a true copy of the same is hereto annexed and marked Exhibit "5" and made part of this com pleint es if here incorporated at length. That on or about August 30, 1943, De- tective Comics, Inc. did notify each of the plaintiffe in writing of 1ts election to extend the existence of the con- tract hereinabove set forth according to the terme thereof for an additional five year period from September 22, 1943 of which said notices in writing true copies are hereto an- nexed, marked Exhibit "C" and "D" and made part of this complaint as if here incorporated at length. NINTH: Upon information and belief, that the de— fendant, THE MO CLURE NEWSPAPER SYNDICATE, did notify Detec- tive Comics, Inc. of ite election to extend for five yeare from June 1, 1944, Ate participation in the contract herein- (2)above set forth according to the terms thereof. | TENTH: het on or about June 21, 1943, Detective. Comice, Inc. for a valuable consideration did enter into an { agreement with the plaintiffe whereby the contract herein« above set forth wes modified, in that in plece of the rates of commmeation therein provided for materiel furnished by the plaintiffs and accepted by Detective Comics, Inc., for | magezine publication, as previously modified from time to | time theretofore, the said Detective Comice, Inc. agreed to | pay to each of the plaintiffs five hundred ($500.00) doltere, for each group of certoon strips and continuity, of the eize| end nature known in the comic magazine trade as a "release". ELEVENTH: That heretofore and on or about June 21, 1945, Detective Comics, Inc., for a valuable concidera- tion entered into an agreement with the pleintifre whereby the contract hereinabove set forth wee modified eo as to provide that in the event thet the plaintiffs or either of them should for any reason be unable to supply continuity or cartoons or to supply sufficient continuity or cartoons for the requirements of Detective Comics, Inc., in magazine publication, and Detective Comics, Inc., should hire writers or artists or both, for the above reason or any other reason to supply continuity or cartoons or both relating to cartoon features of which the pleintiffs are or were the originators, the said Detective Comics, Inc. would pay to the plaintiffs the current ageed compensation per release paid to the plaintiffs for material completely furnished by the plain- tiffs, less a fixed amount agreed upon to be applied as compensation for artists or writers hired by the said Detec- tive Comice, Inc. to supply material as above, the sald fixed sum being one hundred ($100.00) dollars per release for con— tinulty and one hundred fifty ($150.00) dollars per relesse for cartoons. | TWELFTH: That the plaintiffe have duly performed | (3)all the terms and conditions of the contract hereinabove set forth and each and every obligation on their part to be performed. THIRTEENTH: Thet the plaintiffe are the exclueive| originators and authors of the cartoon character "Superman" end of the title Superman and first created cartoon meterial in which the said cheracter and title first appeared in 1934, end have created such cartoon material ever since, and that the plaintiffs are the euthore end originators of all of the other cartoon characters which have appeared in the cartoon strip entitled Superman , chief among which are "Superman", aleo known es "Clerk Kent", "Lois Lene"and "Perry White and that the pleintiffe are universally and in the various na- tions of the world known to the public as the authors and creators of all cartoon material in which the character "Superman" appeare and of the character "Superman" and of ell other cartoon charecters which appear and heve appeared in cartoons entitled Superman. FOURTEEN’ That Detective Comice, Inc., Super— man, Inc. and the defendants have, since the execution and delivery of the contract hereinabove set forth, publiched, sold and dietributed, snd are now publishing, selling and @ietibuting to the public in large volume serially in month- iy and bi-monthly magazines and in the daily prees numerous comic strips other then Superman in which the conception, characters, idea, plot ani action are deliberate imitations of the character and conception of Superman and of the plot end actionof comic or certoon strips in which Superman ap~ peers and has appeared, end that the said comic strips pub- lished in imitation of Superman are entitled Batman, Super- boy, Lote Lene, Girl Reporter, Johnny Quick, the Flash, Green Lantern, Aquaman, Alrwaive, and there are many othere and thet the defendants have not engaged the pleintiffs to write the continuity or draw the cartoons for any of the sald (4)comic stripe other than Superman, and have not paid plein- tiffs anything on account of the sale of the said various comic strips and have not permitted the plaintiffs to share the profits thereof, except that the plaintiff, JOSEPH | SHUSTER, has created certain cartoon material for the comic strip Superboy and has been paid therefor. | FIFTEENTH: That the publication of the said divers comic strips other than Superman is publication in | direct competition with Superman and the publication of the | eaid comic strips has lessened and will continue to lessen the market for the plaintiffs! comic strip Superman, SIXTEENTH: That the said publication by Detective | Comics, Inc. and Superman, Inc. and the defendants of the | various comic strips in close and deliberate imitation of | Superman ee herein set forth did divert and is now diverting from the plaintiffs revenue and profite belonging to them ae the authore and originators of Superman and belonging to them junder the contract hereinabove set forth and that the said Giversion of profits wes in violation of the duty of the de- fendent, THE MC CLURE NEWSPAPER SYNDICATE, and of Detective [comtes, Inc. under the contract to sell and distritte the comic strip Superman for the mitual benefit of the pleintiffe | [ond the said defendant and the eaid Detective Comics, Inc., | | lana ie in violation of the relationship of trust existing | | between the plaintiffs end the eaid defendat, THE MC CLURE NEWSPAPER SYNDICATE, and the said Detective Comics, Inc. erising out of the contract hereinabove set forth. | SEVENTEENTH: That heretofore and on or about the | | jist dey of October, 1946, Detective Comics, Inc.All Ameri- jean Comics, Inc., Superman, Inc., Jolaine Publications, Inc., |Wonderwoman Publishing, Inc., Hop Harrigan Enterprise, Inc., \Gainlee Publishing Co., Ine., J. BR. Publishing Co., Inc., Worlds Best Comics, Inc., Trafalgar Printing Go., Inc., duly [consolidated into a single corsoration pursuant to the provi-| Law , Stone of Sections 85 to 90 of the Stock Corporation/of the I (5)State of New York, the same being the defendent, NABLONAL COMICS PUBLICATIONS, INC. EIGHTEENTH: That the defendant, NATIONAL COMICS PUBLICATIONS, INC. from the let day of October, 1946, aia continue the wrongful publication, sele and distribution theretofore carried on by Detective Comice, Inc. and Super- | man, Inc. of the verious comic strips in violation of the | rights of the plaintiffs as heretofore alleged, and ie at present carrying on the said wrongful publication, sale and distribution and threatens to carry on the same in the fu- ture. | NINETEENTH: Theat the acts of Superman, Inc., De- tective Comics, Inc., and the defendants as hereinabove set forth have caused, and are causing and will hereafter contin- ue to cause the pleintiffs irreparable loas, injury and de— mege for which the plaintiffs have no adequate remedy at law. FOR A SECOND CAUSE OF ACTION TWENTIETH: Pleintiff's repeat and reallege each and) every allegetion contained in the paragraphs of thie complaint marked, "FIRST", "SECOND", "THIRD", "FOURTH", "FIFTH", "SIXTH | "SEVENTH", "EIGHTH", ™ INTH", "TENTH", "ELEVENTH", "TWELFTH" IRTEENTH" end "SEVENTEENTH" as if they were herein fully set forth, and incorporste the eame in this second cause of | action. | { TWENTY-FIRST: That the defendants, HARRY DONENFELD, | |SACOB LEESOWE2Z, PAUL H. SAMPLINER end INDEPENDENT NEKS co., i |INC., at all times herein mentioned had due notice andknowl- | jedge of aforesaid agreement between the plaintiffs and the | [Detective Comics, Inc., and the defendant, THE MC CLURE NEWS- | PAPER SYNDICATE, and of all modificatione thereof, as the |seid contract and modifications are hereinabove set forth. | TWENTY-SECOND: That heretofore and after the time jof the execution of the contract hereinabove set forth, the defendante, HARRY DONENFELD, JACOB LIEBOWITZ, PAUL H. SAM- LINER and INDEPENDENT NEWS CO.INC., conspired together with (6)each other and with Detective Comics, Inc., Superman, Inc., end THE MC CLURE NEWSPAPER SYNDICATE, and entered into an | sgreement wrongfully, corruptly and maliciously to injure the plaintiffs by depriving them of their righte under the contract as hereinabove set forth and to interfere wth, | hinder and impair the performance of the said contract by \ the said Detective Comics, Inc., and THE MC CLURE NEWSPAPER SYNDICATE. | | TWENTY-THIRD: That pureuant to the said wrongful, | corrupt and malicious conspirecy the said defendants, HARRY i DONENFELD, JACOB LIEBOWITZ and PAUL H. SAMPLINER did induce | the said Detective Comics, Inc., Superman, Inc., and THE | |MC CLURE NEWSPAPER SYNDICATE wrongfully to publish, sell [ena istribute to the public the comic strips, Batman, | Superboy, Lots Lane, Girl Revorter, Johnny Quick, the Flesh, Green Lantern, Aguanen, Airwave and many others, ea herein- | | above set out, and did procure and induce the defendant, | | expePenvenr NEWS CO., INC., to market, advertise and distri- i | bute the said comic strips in violation of the righte of the | plaintirrs, and that all of the said defendants did advertise j end represent to the public that the said comic strips pub- |liebea in derogation of the pleintifrs! rights, were the came [es the plaintiffs! comic etrip Suyerman, ond dia deceive the public thereby, and did market the said comic strips in com-| |petition with the said comic strip Superman. | TWENTY-FOURTH: That the acts of Detective Comics, [Ine., Superman, Ine., and the defendante as aforegaid have ceused and are causing, and will hereafter continue to cause the plaintiffs irreperable lose, injury and damage for which e pleintiffs have no adequate remedy at law. | FOR A THIRD CAUSE OF ACTION i TWENTY-FIFTH: Plaintiffs repeat and reallege each lend every allegation contained in the paragraphs of this com- | (7)plaint marked "FIRST", "FOURTH", "FIFTH", "SIXTH "EIGHTH", "NINTH » "TENTH", "ELEVENTH", "“IWELFTH", "THIR- | TENTH" and SEVENTEENTH" with the seme force and effect as if they were herein fully set forth, end incorporate the seme in this third cause of action. TWENTY-SIXTH: ‘That during the year 1938 and after | the execution and delivery of the contract hereinabove set forth the plaintiff, SIEGEL, pureuant to the terms of the | said contract delivered to Detective Comics, Inc., for its | consideration a scenario or synopsis containing the con- | tinuity plan and dialogue for the first "release" of a new comic strip known as Superboy. TWENTY-SEVENTH: That the said synopsis contained | within itself the entire plan for the future publication of the seid comic strip Superboy, ond the conception of the character, Superboy, all set forth with detail and particu- larity. TWENTY-EIGHTH: That Detective Comice, Inc., dia | not within six weeks indicate its election to publish the seid comic etrip Superboy, es required by the contract here~ inabove set forth. TWENTY-NINTH: That Detective Comica, Inc. on or about December 2, 1938, by its letter in writing to the plaintiffs aid declere that it elected not to publieh the said comic strip Superboy under the terms of the contract hereinabove set forth. | THIRTIETH: That thereafter and during January,1945, Detective Comics, Inc., did publish without the coneent of (the plaintiff, SIEGEL, a certain comic strip release ertitled i Superboy, which release was based entirely upon the synopsis | i submitted to the said Detective Comics, Inc., by the plain- | tart, SIEGEL, and contained in detail the same characters, | incidents and plot. THIRTY-FIRST: That from January, 1945, until Oc- itober, Ist, 1946, the said Detective Comics, Inc., without } the consent of the plaintiff, SIEGEL, did publish serially (8) | > "SEVENTH" ,i | sell end distribute numerous releases of e comic strip en- | titled Superboy, which said serial comic strip appeared bi- | | monthly in magazines until February, 1946, and monthly thereafter, which said comic strip did use and was based | upon the conception and idea ae ubmitted in writing and in | detail by the plaintiff, SIEGEL, and submitted as aforesaid. j THIRTY-SECOND! That from October 1, 1946, until | | the present, the defendant, NATIONAL COMICS PUBLICATIONS, | INC., did without the consent of the plaintiff, SIEGEL, 1 | publish serially in monthly magazines and sell and distri- | bute numerous releases of the said comic etrip Superboy in violation of the rights of the plaintiff, SIEGEL, es efore- said, and the defendant does propose to and will continue | in the future to publieh numerous releases of the said comic | strip Superboy. i THIRTY-THIRD: That the plaintiff, SIEGEL, hes | never consented to the publication of the said comic strip | Superboy, es eforessid, and has never been paid, received or) | eccepted anything of value or consideration therefor. | THIRTY-FOURTH: That the acts of Detective Comics, | Inc., and the defendente se aforesaid have caused, and are causing, and will hereafter continue to cause the pleintifr, SIEGEL, irreparable loss, injury and damage for which the | | plaintiffs have no adequate remedy at lew. | FOR A FOURTH CAUSE OF ACTION _ 1 | THIRTY-FIFTH: Plaintiffs repeat and reallege each | and every allegation contained in the paragraphs of this | | complaint marked "FIRST, "FOURTH", "FIFTH", "SIXTH", "SEVENTH", "EIGHTH", "NINTH", "TENTH", "ELEVENTH", "TWELPTH" ,| "THIRTEENTH", and "SEVENTEENTH", with the same force and ef+ | fect as if they were herein fully set forth, and incorporate | the came in this fourth cause of action. THIRTY-SIXTH: Thet Detective Comics, Inc. from | | January 1945 until October 1, 1946, did without the consent | | (9) |the plaintiff, SIEGEL, publish serially, sell and distribute numerous releases of a comic strip entitled Superboy, which seid serial comic strip appeared bi-monthly in magazines un- til February,1946 and monthly thereafter and that the princi- pal character of the said comic strip was represented to be Superman as a child, and whose plot, conception and incidents were based upon and copied from the plot, conception and in- eidents of the plaintiff's comic strip Superman and thet the said Detective Comics, Inc. did intend by the said publica- tion to deceive the public and did by the said publication deceive the public in that the public was led to believe that the plaintiff, SIEGEL, was the author of the continuity, @ialogue and action of each of the individual releases of the sald comic strip whereas in truth the plaintiff, SIEGEL, wes not the author of each of the individual releases and was not invited nor permitted by the eaid Detective Comics, Inc. to create the continuity for each of the individual releases. THIRTY-SEVENTH: Theat Detective Comics, Inc. from May 1945 until. October 1, 1946 did, without the consent of the plaintiff, SIEGEL, as aforesaid, publish, sell and die- tribute the sald comle strip Superboy and did affix to the individual releases of the said comic strip the name of the plaintiff, SIEGEL, as author of the said releases, and that the sald Detective Comics, Inc. did represent to the public and advertise that the pleintiff, SIEGEL, was the author of the individual releases of the said comic strip Superboy whee- a6 in truth and in fact the plaintiff, SIEGEL, was not the author of the individual releases of the said comic etrip end was not invited nor permitted by the said Detective Comics, Ine. to create the continuity for said individual releases. THIRTY-EIGHTH: That thereafter from October 1, 1946 to the present the wrongful publication, sale and distribu- tion of monthly magazine releases of the said comic strip Superboy as eforesaid were continued by the defendant, NATIONAL COMICS PUBLICATIONS, INC., 1n violation of the (10)plaintiff, SIEGEL, end with intent to injure the said plein- tiff; end thet the seid defendant, by its publication of the said comic strip Superboy, which it repreeented to be + | Superboy. \ Supt man ae a child, and by its affixing to the said indivi- i dual releases of the said comic strip the neme of the plaine | tiff, SIEGEL, es author, when in fact the said plaintiff wos | | not the author of the eeid releases, did deceive the public, | to the grave end irreparable injury of the plaintiff, SIEGEL, and that the seid defendant 1s continuing and proposes to [continue in the future to 60 deceive the public to the injury of the pleintiff, SIEGEL. 1 | THIRTY-NINIH: That the acts of Detective Comics, | rnc. and the defendente ee aforesaid have caused, end are | ceueing, and will hereafter continue to cause the plaintiff, SIEGEL, irreparable loss, injury and damage, for which the |plesntitre have no adequate remedy at lew. | FOR A FIFTH CAUSE OF ACTION i I FORTIETH: Pleintiffe repeat and reallege es | pert of this cause of action each end every allegation con= |teined in peragrephe marked "FIRST "THIRD", "FOURTH", [SFIPTE", "SIXTH", "SEVENTH", "EIGHTH", "NINTH", "TENTH", I | “ELEVENTH", "TWELFTH", "THIRTEENTH" and "SEVENTEENTH" of the | | complaint, and like effect as if herein fully realleged and | i “plaintiffe incorporate herein all the facts therein set forth. FORTY-FIRST: ‘That Superman, Inc., Detective | comtes, Inc., and the defendents, THE MC CLURE NEWSPAPER i | SYNDICATE, HARRY DONENFELD, JACOB LIEBOWITZ and PAUL H. | SAMPLINER, with full knowledge of the righte of the pleintiffe under the contract hereinabove set forth, and with malice end intent to deprive the pleintiffe of their rights under the t | sald contract did fromthe latter part of 1943 until Octover | | 1, 1946, without the consent of the plaintiffs, publieh | |sertelty, e612 and astribute in nonthly and bi-nonthly mga- j tines and in the deily press numerous relesees of a come strip entitled Lois Lane, Girl Reporter and that the princi- | | (1)pal characters of the eaid cartoon were and are Clark Kent, also known es Supermen, Lois Lane, end Perry White, all of which characters are the chief characters in the plaintiret comte strip Superman az le hereinabove eet forth, and thet the plot, conception and incidents presented in the sala comic strip Lois Lane, Girl Reporter were and are based upon | copied and taken from the comic strip origineted and created | | by the plaintiffs, known as Suverman, and that the said | Superman, Inc., Detective Comics, Inc., ana tine defendants, 1HE MC CLURE NEWSPAPER SYNDICATE, HARRY DONENFELD, JACOB AIEBOWITZ and PAUL H. SAMPLINER did intend by the said pus Pileation to deceive the public and did by ea1d publication | | Secetve the public in thet the public was led to believe | | thet the plaintiffs were the authors and creators of the con~ ‘inuity, dlelogue and action of each of the individual re- | | leases of the eald comic strips, whereas 1n fact and in truth | the plaintiffs were not the authors of esch of the individual, | meleesee, and the plaintifts were not invited nor permitted by the said Superman, Inc. or the defendants, THE HO CLURE | NEWSPAPER SYNDICATE, HARRY DONENFELD, JACOB LIEBOWI—Z and, t | [PAUL H. SAMPLENER to create the said individual releases, FORTY-SECOND: That Superman, Inc., Detective | Comics, Inc. and the defendents, THE MO CLURE NEWSPAPER } | SYNDICATE, HARRY DONENFELD, JACOB LIEBOWITZ ana PAUL H. i | SAMPLINER from the latter pert of 1943 until Cetober 1, 1946, aid, without the consent of the plaintiffs, publish, sell end distribute the said come strip Loig Lene, Girl Reorter, | end did effix to the individuel releases thereof the names | of the plaintiffe as authors of the said relesses, and the seid Superman, Inc., Detective Comics, Inc., and the aeren- | |aents, THE Mo LURE NEWSPAPER SYNDICATE, HARRY DONENFELD, | PACOB LIEBOWITZ and PAUL H. SAMPLINER aia represent to the | |Public and advertise that the plaintifrs were the authors of the individual relesses of the sald Lots Lene, Gir) Re i orter, whereas in tuth and in fact the plaintiffs were notte (12)authors of the individual releases as heretofore set forth. FORTY-THIRD: That thereafter and from October | | 1, 1946, to the present the wrongful publication, sale and | aistribution of further releases of the said Lois Lane, Girl i | Reporter, were continued by the defendants, NATIONAL COMICS | PUBLICATIONS, ING., THE MC CLURE NEWSPAPER SYNDICATE, HARRY DONENFELD, JACOB LIEBOWI1Z and PAUL H. SAMPLINER, in viole- | | tion of the rights of the plaintiffs as sforeseid end with intent to injure the said plaintiffs; and that the said de- | vendente, by their publication of the sald releases of the | said comic etrip in close imitation of the plaintiffs' comic |strip Superman, and by affixing to the said releases the | names of the pleintiffa se authore thereof, when in fact the | | plaintiffe were not the suthors thereof, did deceive the |publie to the grave and irreparable injury of the plaintiffs, end thet the said defendants are continuing and propose to “continue in the future to eo deceive the public to the in- |jury of the pleintifre. | FORTY-FOURTH: That the acts of the said defen— lgante and of Detective Comics, Inc., end Superman, Inc., have [cousea and are ccusing end will heresfter continue to cause the plaintiffs irrepareble loss, injury and damage, for wnicn| \the plaintiffs have no adequate remedy at law. FOR A SIXTH CAUSE OF ACTIOI FORTY-FIFTH: Plaintif’s repeat end reallege as lpert of this cause of action each end every allegation con- teined in paregraphs marked "FIRST", "FOURTH", "FIFTH", \SIXTH", "SEVENTH", "EIGHTH", "NINTH", "TENTH", "ELEVENTH", “TWELFTH", "THIRTEENTH" and "SEVENTEENTH" of the complaint, with like effect as if herein fully realleged, end pleintiffs |Ancorporate herein all tne fects therein eet forth, [Detective Comics, Inc., published in magazines 120 releases of the comic etrip Superman for which the plaintiff, SIEGEL, Aid not create the continuity. | | FORTY-SIXTH: From July 1, 1943, to the present | | | (13)j | FORTY-SEVENTH: That the sald Detective Comics, | | | Inc., has paid to the plaintiff, SIEGEL, the sum of $200.00 | per release although there was due and owing under the con- | tract above set forth the eum of $400.00 per release. | | FORDY-EIGHTH: Thet though the pleintuf’, STBGBL, | |; has duly demanded payment of the said additional sums of i $200.00 per release, the seid Detective Comics, Inc., and i { | the defendent, NATIONAL COMICS PUBLICATIONS, INC., have ne- i i FOR A SEVENTH CAUSE OF ACTION | | | | glected to and refuse to pay any portion of the said sums, | | | | FORTY-NINTH: Plaintiffs repeat and reellege ag pert of thie ceuse of ection each and every allegation con- | | tained in peragrayhe marked "FIRST", "FOURTH", "FIFTH", | teem, "SEVENTH", "SIGHTH", "NINTH," "TENTH", "ELEVENTH", | | TWELPTH", THIRTEENTH", ani "SEVENTEENTH" of the complaint, jese like effect ae if herein fully realleged, and plein- | | tiffs incorporate herein all the facte therein set forth. FIFTIETH: From July 1, 1943 to the present, De- | | teetive Comics, Inc., published in magazines 130 releases of the comic strip Superman for which the plaintiff, | SHUSUBR, Gia not create the'ert work", | FIFTY-FIRST: That the eaid Detective Comice, | Inc., has paid to the plaintirf,SHUSTER, the eum of $150.00 | | per releese for 80 of the said releasce and the eum of | $200.00 for the remaining 50 of the said releases stthough fue wae due and owing under the contrect hereinabove set | forte the sum of $350.00 per release. FIFIY-SECOND: That although the plaintarr, | SHUSTER, has duly demanded payment of the additional cums due under the said contrect, the sald Detective Comics, ine. end the defendent, NATICNAL COMICS PUBLICATIONS, ING. have a | neglected to and refuse to pay any portion of the eeid sums. (4) |FOR AN EIGHTH CAUSE OF ACTION \ | | FIFTY-THIRD: he plaintiffe repeat and reallege | as part of thie cause of action each and every allegation contained in parsgraphs marked "FIRST", "FOURTI ", “FLFIR", | | "SIXTH", "SEVENTH", "EIGHTH", "NINTH", "TENTH", "ELEVENTH" | “DWELFTH", "THIRTEENTH" end "SEVENTEENTH" of the complaint with like effect as if herein fully realleged and plaintiffs FIFTY-FOURTH: That pursuant to the terms of the Ancoryorste herein all the fects therein set forth. | contrect hereinabove set forth, Superman, Inc., Detective | Comics, Ine., and the defendant, NATIONAL COMICS PUBLICATIONS| INC , from the date of the said contract to the present, have acquired and received large sume of money by the production | of redio features and moving pictures entitled Superman, | | pesed upon the characters, conception, plot and incidents | created by the plaintiffs, and by the sale of licenses to | i various persons engaged in commercial enterprises permitting | the seid persone to affix to their products end to use in the| furtherance of the said commercial enterprises, the neme ana jPiotorte2 representation of "Superman". | FIFTY-FIFTH: That, upon information end belief, | Sugrmen, Inc., Detective Comics, Inc. and the defendent, NA- TIONAL COMICS PUBLICATIONS, INC. have derived large profite above all costs and expenses from the motion picture and | | | radio production and from the sele of licenses as hereinabove! set forth and that they have failed snd refused to make any payments to the plaintiffs on account thereof though the | same have been duly demanded. FIFTY-SIXTH: That Superman, Inc., Detective Comics, Inc. and the defendant, NATIONAL COMICS PUBLICATIONS, |INC., have had during the term of the contract hereinabove and papers releting to the maiters set forth in thie cause of action, end have in the past and do now refuse to permit | set forth and have at precent control of all books, recorde | (as) |the plaintiffs to examine the eaid books, records and papers and that the plaintiffs therefor have no access to the infor- mation contained in the ssid books, records and papers. FIFTY-SEVENTH: That from the inception of the con- tract herein set forth, the plaintiffs repeatedly demanded of Superman, Inc., Detective Comics, Inc, and the defendent, NA- TIONAL COMICS PUBLICATIONS, ING, an account of the income and expenditures relating to the matters eet forth in this cause of action and that the said Superman, Inc., Detective Comice, Inc., and the defendent, NATIONAL COMICS PUBLICATIONS, ING., did neglect and refuse to furnish euch an account until on or about July 8, 1946, at which time the said persons did furnish what purported to be an account of the said matters for the years 1942, 1943, 1944, 1945, and thet thereafter and during January, 1947, the said persons furnished what purported to be an account for the said matters for 1946. FIPTY-EIGHTH: Upon information and belief the sald purported atatements of account furnished by the said Superman Inc,, Detective Comics, Inc. and NATIONAL COMICS PUBLICATIONS, ING. were false and fraudulent and conteined numerous de~ liberate intentional and fraudulent mis-statements as to the income and expenditures relating to production of motion pic- tures and red@io features and the sale of licenses as herein- above set forth. FIFTY-NINTH: That although the same have been duly demanded the said Detective Comics, Inc., Superman, Inc. and the defendant NATIONAL COMICS PUBLICATIONS, INC., have ne- elected and refused and do now neglect and refuse to furnish to the plaintiffs an account of income end expenditures re~ lating to production of motion pictures and radio feetures and the sale of licenses fer the years 1940 and 1941. SIXTIETH: That the acts of Superman,Inc.,Detective Comics, Inc. and NATIONAL COMICS PUBLICATIONS, INC. 2 afore= seid have caused, and are causing and will hereafter continue to cause the plaintiffs irreparable loss, injury and damage, for which the plaintiffs have no adequate remedy at law. (16)FOR A NINTH CAUSE OF ACTION ' SIXTY-FIRST: The plaintiffe repeat and reallege | | as part of this cause of action each and every allegation : \ contained in paragraphs marked "FIRST", "FOURTH", "FIFTH", | "SIXTH," SEVENTH", "EIGHTH", "NINTH", "TENTH", "ELEVENTH", | | "TWELFTH", "THIRTEENTH", "SEVENTEENTH" SAGOOONDOOGOONOROER, | ‘of the complaint, with 11ke effect as if herein fully re- | lelleged, and plaintiffs incorporate herein all the facte [therein set forth. | i SIXTY-SECOND: Upon information and belief that | Random House, Inc. is a domestic corporation organized and | existing under and by virtue of the laws of the State of New | York. SIXTY-THIRD: Upon information end belief that ‘auring 1942, Superman, Ine. and Detective Comics, Inc. for a Valuable consideration entered into an agreement with Random | [House Inc., granting the said Random House, Inc. the right | |to publish, and whereby the said Superman, Inc., Detective |Comies, Inc., and Random House, Inc. agreed mutually and in |sooperation with each other to publish a work of fiction [bearing the name Supermen and based upon the character, con- |ception and incidente created and originated by the plaintiffs. SIXTY-FOURTH: That upon information and belier | |pureuant to the said agreement, the said Superman, Inc., De- fective Comics, Inc. and Random House, Inc. did publish, sell, jand dietripute a work of fiction entitled The Adventures of | Superman, which was based upon the character, conception and _ incidente created and originated by the plaintiffs, and which| ‘said book bears upon the outside cover thereof the statement | ("Based on the famous character created by Joe Shuster and Jerry Siegel" and which said book beara upon the title page |tnereor the statements "Based on the cartoon character createl| jes Jerry Siegel and Joe Shueter* and "Illustration by Joe Shuster". SIXTY-FIFTH: That the said Superman, Inc., De- | a7)tective Comics, Inc. did not invite or permit the plaintiffs | to work on or create any portions of the sald book, and the plaintiffs did not work on or ereate any portions of the said book or eny illustrations therein, except that the plaintiff, SHUSTER, was invited to and did create four color illustra tions included therein, | SIXTY-SIXTH: het upon information and belief (thet Detective Comics, Inc., Superman, Inc., and the defendait |NATIONAL COMICS PUBLICATIONS, INC. have received large cums of money on account of the said agreement and on account of the publication of the said work of fiction, no part of which has been paid to the plaintiffs. / SIXTY-SEVENTH: That Supermen, Inc., Detective |Comice, Inc, and the defendant, NATIONAL COMICS PUBLICATIONS, HING., have had during the term of the contract hereinabove set forth and have at present control of all books, records "end papers relating to the matters set forth in this cause Foci, curspmc@orra mira permit (the plaintiffs to examine the said books, recorde and papers, lend that the plaintiffs therefor have no access to the infor- “mation contained in the sala books, records and papers. SIXTY-EIGHTH: That although the eame have been duly demanded, the eaid Detective Comics, Inc., Superman, | Ine. and the defendant, NATIONAL COMICS PUBLICATIONS, INC. have neglected and refused and do now neglect and refuse to furnish to the plaintiffs an account of income and expendi- tures reloting to the publication end eale of the said work of fiction, The Adventures of Superman. | SIXTY-NINTH: That the acte of the said Superman, Lae. » Detective Comics, Inc. and the defendant, NATIONAL ‘conres PUBLICATIONS, INC., ae aforesaid, have caused, and are ‘causing and will hereafter continue to cause the plaintiffs eee lose, injury and damage, for which the plaintiffs | Ihave no adequate remedy at law, i (ae)| FOR A TENTH CAUSE_OF ACTION i ESE SEVENTIETH! That the plaintiffs repeat and re- | Silege ae part of this cause of action each and every alle- Getion contained in paragraphs of the complaint marked, | "FIRST", "THIRD", "FOURTH", "FIFTH", "SIXTH", "SEVENTH®, | | "EIGHTH", "NINTH", "TENTH", "ELEVENTH", "TWELFTH", *THIR- TEENTH" and "SEVENTEENTH" with like effect as if herein | | fully realleged, and plaintiffs incorporate herein all the | facts therein set forth. | SEVENTY-FIRST: That on or about the let day of | February, 1940, the Plaintiff, SHUSTER, entered into a con- tract with the defendant, WAYNE BORING, a copy of which is hereto annexed marked Exhibit "E" and made a part of thie complaint as if here incorporated at length. i SEVENTY-SECOND: That the plaintiff, SHUSTER, has | duly performed all the conditions of the said contract on | his part to be performed. | | SEVENTY-THIRD: That the defendant, BORING, dur- | ing July of 1943, left the employ of the plaintiff, SHUSTER, | and entered the employ of Detective Comice, Inc. and Super- man, Inc., on whose behalf he drew without the consent of the plaintiff, SHUSTER, cartoons for comic strips entitled, Superman and Batman and many others based upon the ooncep- j tion, idea, plot, incidents and character of the plaintiffet | | comle strip Superman which said employment and furnishing ot | cartoons continued until October 1, 1946, i \ SEVENTY-FOURTH: That on and after October 1, 196 | the aid defendant entered the employ of the defendant, NA- | TIONAL COMICS PUBLICATIONS, INC., and there continued to are, the cartoons for comic strips entitled Buperman and Batman and othem in violation of the plaintiff, SHUSTER'S, righte | under the contract hereinabove set forth, and threatens to continue in the future to draw the said cartoons in viola- tion of the rights of the plaintrr, SHUSTER. SEVENTY-FIFTH: That the acts of the defendant, (as)BORING, have caused and are causing and will hereafter con- tinue to cauee to the pleintiff irreparable loss, injury and damage, in that the ssid wrongful furnishing of cartoons is in competition with the plaintiff's cartoons and uses up and lessens the market therefor; and thet the preparation of cartoons by the defendant, BORING, which were and are sold to the public as the cartoons of the plaintiff, SHUSTER which said cartoons were and ere prepared without any su- pervision end control by the plaintifr, SHUSTER, hes re- sulted in infertor and unskillful work being passed off ae the work of the plaintiff, SHUSTER, end has injured and is | now injuring the reputetion of the plaintiff, SHUSTER, SEVENTY-SIXTH: That the plaintiff, SHUSTER, has no edequate remedy at law. FOR AN ELEVENTH CAUSE OF ACTION SEVENTY-SEVENTH: That the plaintiffe repeat and resllege as part of this cause of action each and every al- i | | legation contained in paragraphs of the complaint marked | OFIRST", "THIRD", "FOURTH", "FIPTH", "SIXTH", " SEVENTH", | | "EIGHTH", "NINTH", "TENTH", "ELEVENTH", "TWELFTH", "THIR- | TEENTH", "SEVENTEENTH", "SEVENTY-FIRST" and "SEVENTY-SECOND" with like effect as if herein fully realleged, and plaintirfs ineorporate herein all the fects therein set forth. | SEVENTY-NINTH: During June and July of 1943 the (defendants, HARRY DONENFELD, JACOB LIZBOWITZ ana PAUL H. | SaMPLINER, Detective Comics, Inc. and Superman, Inc. con- | spired to and with each other to injure the plaintirr, (sausteR, by inducing the defendant, BORING, to break hie ax | “greement with the plaintiff, SHUSTER, and to interfere with | the performance of the said agreement. i [ i said defendante, HARRY DONENFELD, JACOB LIEBOWITZ and PAUL H.| SAMPLINER, Detective Comics, Inc. and Superman, Inc. aid in- | EIGHTIETH: Thet during June and July of 1943 the (duce the said defendant, BORING, to break snd repudiate hig | | obligations under his agreenent with the plaintirr, suustar, |and did interfere with and render impossible the performance of the said egreement in that they induced the said defendant BORING to leave the employ of the plaintiff, SHUSTER, ana to | enter the employ of Detective Comics, Ine. and Superman, Inc. in whose employ the said defendant, BORING, engaged in copy- ing, composing, editing and drawing comic stripe based on themes similar to Superman, to wits the preparation of car- ‘oona for the comic strips, Superman, Batman and many others, which are based upon the conception, idea, plot, incidents and character of the plaintiff's comic strip, Superm EIGHTY-FIRST: That the said interference vith the contractual rights of the plaintiffs! by the defendants, PONENFELD, LIEBOWITZ and SAMPLINER, Detective Comies, Inc, end Superman, Inc. was continued until October 1, 1946, ena was thereafter continued in like manner thereafter by the said defendants and the defendant, NATIONAL COMICS PUBLICA- TIONS, INC., by whom the defendant, BORING, is now employea, | end is continued by them at the present time, and that they threaten to continue the same in the future, EIGHTY-SECOND: That the aforementioned acts on the part of Detective Comies, Inc., Sugrman, Inc., and the Gefendants, NATIONAL COMICS PUBLICATIONS, INC., DONENFELD, LIEBOWITZ and SANPLINER were wrongful, corrupt and malicious and were known go to be by them at the time they were com- mitted, and were committed by them in pursuance of their plan and conspirscy as aforementioned, and with full knowl- edge of the sgreement between the plaintifr, SHUSTER, and the defendant, BORING BIGHTY-THIRD: That the said acts of Detective Comics, Ine., Superman, Inc. and the sala defendants have caused and are causing and will continue to cause the plain- tAff, SHUSTER, irrepsrable loss, injury and damage, in that the eaid wrongful furnishing of cartoons is in competition with the plaintiff's cartoons and uses up and lessens the market therefor; and thet the preparation of cartoons by the (21)“aerendant, BORING, which were and are gold to the public as the cartoons of the plaintiff, SHUSTER, which aid cartoons | were and are prepared without any supervision and control of \ the plaintiff, SHUSTER, has resulted in Inferior and unskill~ ful work being passed off as the work of the plaintiff, \SHUSTER, and has injured and 6 now injuring the reputetion “of the pleintiff, SHUSTER. | EIGHTY-FOURTH: That the plaintiff, SHUSTER, hae no sdequate remedy at law. FOR A TWELFTH CAUSE OF ACTION. | i EIGHTY-FIPTH: The plaintiffs repeat and reallege les part of this cause of action each and every allegation \ contained in paragraphe of the complaint marked “FIRST, "FOURTH", "FIFTH", "SIXTH", "SEVENTH", "EIGHTH", "NINTH", | (| \TENTH", "ELEVENTH", “TWELPTH", THIRTEENTH" and "SEVENTEENTH" lor the complaint with Like effect es if herein fully real- | Legea end plaintiff incorporates herein all the facts therein eet forth. | | EIGHTY-SIXTH: Thet Detective Comics, Inc., | | superman, Inc., end the defendant, NATIONAL COMICS PUBLICA- | pions, INC. neve wrongfully and unlawfully from the dete of | the contreet hereinbefore set forth to the present, published | | mumerous releases of the comic strip Superman and numerous | | peleases of other comic strips created by the plaintiffs for | “Detective Comics, Inc.,Superman, Inc. end the defendant, | NATIONAL COMICS PUBLICATIONS, INC., which said releases were | | created by the servants and employees of the seid “Detective | comics, Inc., Superman, Ine. and NATIONAL COMICS PUBLICATIONS |INc., ana were published by the said corporations eecretly “and without any notice to the plaintiffs and without the per- | miseion of the plaintiffs, and that the defendant, NATIONAL | comtcs PUBLICATIONS, INC., and Detective Comics, Inc. end | Superman, Inc., have not paid the plaintiffs any money | | | or thing of value on account of the publication of the sald | | releases. | | (22) | | |EIGHTY-SEVENTH: That Superman, Inc., Detective Comes, Inc. and the defendant, NATIONAL COMICS PUBLICATIONS | INC , have had during the term of the contract hereinabove | | set forth and have at present control of all books, records | and papers relating to the matters set forth in thie conse | of ection and have in the past and do now refuse to permit | the plaintirre to examine the aia books, records and papers, | EIGHTY-EIGHTH: That the plaintiffs know of their own knowledge of divers comic strip releases wrongfully and secretly published without any notification of the plaintiffe, but upon information and belief that there are many more of such releases so wrongfully and secretly pub- lished concerning which the plaintiffs have no definite in- | formstion ana concerning which they can acquire no such de- | | finite information since se has been alleged above the plaintiffe have no access to the above mentioned books, | records and papers. | | EIGHTY-NINTH: That the acts of the said Superman, Inc., teetive Comics, Inc. and the defendant, NATIONAL | COMICS PUBLICATIONS, INC., as aforesaid have caused, and are causing and will hereafter continue to cause the plain- tiffe, irreparable loss, injury and damage, for which the plaintiffs have no adequate remedy at lav. | FOR A THIRTEENTH CAUSE OF ACTION oa——ESSESSeE——~————E—E NINETIETE: Plaintiffs repest and reallege each end every allegation contained in paragrephe of the com- plaint marked "FIRST", "FOURTH", "FIFTH", "SIXTH", "SEVENTH", | | "EIGHTH", “NINTH", "TENTH", "ELEVENTH", “TWELPTH", "THIR- TEENTH" end "SEVENTEENTH" as part of this cause of action, | with the same force and effect as if herein fully reallegea, end plaintiffs incorporate herein all the facts therein set forth. a NINETY-FIRST: Thet from November 1915 to the pre~ | | sent, Detective Comics, Inc., Superman, Inc. and the defen- Gent, NATIONAL COMICS PUBLICATIONS, INC., have publishea 20 | Teleases of comice etrips for which the plaintiff, SHUSTER, (23)| created ana executed the art work, and for which the sata | Detective Comics, Ine., Superman, Inc. and NATIONAL COMrOS PUBLICATIONS, ING. hed paid the plaintiff, SHUSTER, the sum of $380.00 per release. NINETY-SECOND: That though the same have been duly demanded payment of the additional sums due under the “contract has been refused by the said Detective Comics, Inc., | Superman, Inc. and the defendant, NATIONAL cOMEGS PUBLICA~ | TIONS, INC. Fi NINETY-THIRD: That the pleintiffe repeat ana allege es part of this cause of action esch and every ealle- gation contained in paragraphe of the complaint marked "FIRST", "FIFTH", "SIXTH", "SEVENTH", "EIGHTH", "NINTH", "TENTH", "ELEVENTH", "TWELFTH", "THIRTEENTH" and "SEVEN- | TEENTH" with the same force and effect as if herein fully realleged end plaintiffs incorporete herein ell the facts | therein set forth. NINETY-FOURTH: That during 1946 Detective | Comics, Inc. pursuant to the contract hereinabove set forth published four certain releases of the comic etrip, Superman, [upon which theplaintiff, SIEGEL, 41a not furnish the con { | | tinuity and on account of which the said Detective Comics, I | Imc, has made no payment whatacever. | NINETY-FIFTH: That though the plaintiff, i | SIEGEL, has duly demanded the same the said Detective Comics, [Inc. has failed, neglected and refused to pay the sum due i | under the contract for the seid four releases. FOR A FIFTEENTH CAUSE OF ACTION { | | NINETY-SIXTH: Plaintiffs repeat and reallege as part of this cause of action each and every allegation ontained in paragraphs of the complaint marked "PIRSD", "SECOND", THIRD", FOURTH", "FIFTH", "SIXTH", "SEVENTH", "EIGHTH", "NINTH", | [ATENTH", SELEVENTH", "IWELPTH", "THIRTEENTH" and "SEVENTEENTH" | | [with like effect ss if fully realleged, and plaintiffs in- ‘corporate herein all the facts therein set forth, fans