At a Term of the Supreme Court of the State of New York, held in and for the County of Westchester, at the Official Referee!s Chambers, 542 Main Street, in the City of New Rochelle | and Stat Wew Yorz, on the /2sday of Avril, 1948. PRESENT: HON, J. ADDISON YOUNG, Official Referee. [¢ if JEROME STEGEL and JOSEPH SHUSTER, Plaintiffs, INTERLOCUTORY : _ JUDGMENT, ~egeins! NATIONAL COMICS PUBLICATIONS, INC., INDEPENDENT NEWS CO., INC., THE MCC NEWSPAPER SYNDICATE, ‘HARRY DONENFELD, JACOB LIEBOWITZ, PAUL H. AMPLINER and t WAYNE BORING, Defendants. This action having been referred to HON. J. | ADDISON YOUNG, an Official Referee in and for the Ninth Judicial District, by en order duly made and entered herein | the 19th day of May, 1947, to hear, try and determine the issues in this matter, with the same force and effect as if they were tried at 2 reguler term of this Court, and plain- EIN & FRIEDMAN, ESQS. ESQ, of counsel), and defendants NATIONAL COMICS PUBLICATIONS, INC., INDEPEND! || NEWS CO., INC., HARRY DONENFELD, JACOB LISBOWITZ and PAUL NGES, H. SAMPLINER, having appeared by WEIL, GOTSHAL & 2 ESQS., their attorneys (HORACE S. MANGES, BSQ., EDWARD Cc. | Wall ESQ., and ABRAHAM I, MENIN, ESQ., of counsel), d defendant THE MC CLURE NEWSPAPER SYNDICATE havingappeared by JOHN L. MC CORNICK, ESQ., its attorney (JAMES L. BROWN, ESQ., of counsel), and defendant WAYNE BORING | having appeared by SIDNEY H. REICH, ESQ., his attorney, land af trial had, a Hi the [day of 1948, duly made and filed his report d said Official Referee having on stating his findings of fact herein and conclusions of law thereon, and directing interlocutory judgment as hereinafter stated, it is ORDERED AND ADJUDGED that the complaint be and it hereby is dismissed on the merits as to each and every cause of action alleged therein as to defendants THE MC CLURE| NEWSPAPER SYNDICATE end WAYNE BORING; and it is further i ORDERED AND ADJUDGED that the complaint be land it hereby is dismissed on the merits as to defendants NATIONAL COMICS PUBLICATIONS, INC., INDEPENDENT NEWS CO., ||INC., HARRY DONENPELD, JACOB LIEBOWITZ and PAUL i. SAMPLINER, jas to the causes of action alleged therein numbered "FIRST", "SECOND", "FIFTH", "SIXTH", "SEVENTH", "NINTH", "ELEVENTH", | |EVELFTH", "PRIRDEENTE, "FIFTEENTH", SIXTEENTH" and "SEVENTEENTH"; and it is further DECLARED AND ADJUBGED that by virtue of the instrument of March 1, 1938, plaintiffs validly trensferred to DEPECPIVE COMICS, INC., one of the constituent corporation: lof defendant NATIONAL COMICS PUBLICATIONS, INC., all of |bhelr rights in end to the comie strip SUP AN, including ithe title, names, characters and concept as same were set forth in the first release of said comic strip published in the June, 1938 issue of the magazine "Action Comics" and jthat by virtue of said instrument, said DETECTIVE CoMics,i IWC., became the absolute owner of the comic strip SUPERUAN, including the title, names, characters and concept as the sane were set forth in the suid first release; end it is further DECLARED AND ADJUDGED that the two agreements of September 22, 1938, namely, that between DETECTIVE COMICS, INC. and plaintiffs, and that between DETECTIVE comes, 1 +, plaintiffs and defendant THE UC CLURE NEWSPAPER SYNDICATE, as originally made and thereafter modified, are valid agreements and plaintiffs are not entitled to rescind either of the said agreements, as originally made or as thereafter modified; and it is further DECLARED AND ADJUDGED that defendant NATIONAL COMICS PUBLICATIONS, INC., has the sole and exclusive right to the use of the title "SUPERMAN" and to create and cause to be published, sold and distributed, cartoon or other comic strip material containing the characters, SUPERMAN (also kmown as "Clark Kent", "Lois Lane", "Perry White", and all other characters which have heretofore appeared in said cartoon or other comic strip material, and the conception, idea and foruula of the cartoon feature SUPERMAN as heretofore portrayed and published; and it is | further ORDERED AND ADJUDGED that as to the "HIGHTA" cause of action alleged in the complaint herein, defendant NATIONAL COMICS PUBLICATIONS, INC. and INDEPENDENT NEW |CO., INC. shall account to plaintiffs before said Official Referee for all profits realized by said NATIONAL COMICS PUBLICATIONS, INC., DETECTIVE COMICS, INC., SUPERMAN, INC.,and INDEPENDENT NEWS CO., INC. through the production of radio features and moving pictures entitled SUPERMAN and by the sale of commercial licenses of all kinds, and thot the profits derived therefrom be divided according to law, and that the plaintiffs have their just share thereof; and it is further ORDERED AND ADJUDGED that es to the "PHIRD" and "FOURTH" causes of action alleged in the complaint herein, defendants NATIONAL COMICS PUBLICATIONS, INC., and INDEPENDENT NEWS CO., INC. shall account to plaintiff SIEGEL for all profits realized by them and DETECTIVE COMICS, INC., and SUPERMAN, INC. from the publication, sale and distribution of the comic strip SUPEREOY, end that the said profits derived from the said sale, publication and distribution be divided according to law and that the plaintiff SIBGEL have his just share thereof; and it is further ORDEREQ AND, ADJUDGED that agfendant Nar ONAL Anda Mew "Co: Jar e— COULCS PUBLICATIONS, INC.,(Hee-ofTicers, Sgents, servants and employees, be and they hereby are enjoined and re- strained from creating, publishing, selling or distributing any comic strip material of the nature now and heretofore sold under the title SUPERBOY,or any other comic strip made in imitation of the conception, characters, nature, incidents, action or plot of the plaintiffs' comic strip SUPERBOY or from using any title so imitative of SUPERBOY as will be calculated to deceive the public so that it would believe the so entitled material to have been created by the plaintiffs; and 1t is further DECLARED AND ADJUDGED that plaintiff SINGEL — —is the originator and the sole ower of the comic strip | feature SUPERBOY, and that plaintiff SINGEL as the orig- inator and owmer of the comic strip feature SUPERBOY has | the sole and exclusive right to create, sell and distribute | comie strip material under the title SUPERBOY, of the type | and nature heretofore published under thet title, and of the| nature described in Pl. Bx, 16 and 36; and it is further ORDERED AND ADJUDGED, that the defendants are ained from affixing the names of the rest: enjoined a plaintiffs to any published material of any nature what- — [ soever and from affixing the names of the plaintiffs to eny advertising and from using the names of the plaintiffs for any commercial purpose whatsoever. | i ENTER Court of the Stéte York i LA eC. iz fe a i 1 C ECmade.and entered in the wichin entitled and filed in the office of the kof he day of 1 194 ted, + 194 Yours, &e., NIM, WEKSTEIN & “FRIEDMAN Automeys for fice and Post Office Addeess 20 South Broadway Yonkers, New York torsey for ° ratte nate hich ‘the within is a true copy will be ated for settlement and entry herein to cmm Hon. J. Addison Young, Official Referee is Chambers, cd wae 542 in St., in the City ofNew Rocnelle + othdayof February, 1948 10- o'clock in the forenoon, ted, February 4tn » 1948, Yours, &e., NIM, WEKSTEIN & FRIEDMAN \romeys tor. Pleanta tts Oc and Post Office Address 20 South Broadway Yonkers, New York WEIL, GOTSHAL 2"uaNcEs, zsQ. SEND! CaGORUE CE gg Eat omey 8for Defendants. Index Novena —— Y€F enaennnnne WEST ——— SUPREME COURT Plaintiffs, - against - NATIONAL COvICS FUBLICATIONS, INC., ET AL., Defendants, SLONIM, WEKSTEIN & FRIEDMAN Atomeys tor... Plaintiits. Post Offce Address 20 South Broadway Yonkers, New Yost — ST To - ~ Esa) 4 Attomey for Se Service of a copy of the within is hereby admitted Dated, +194 Attorney for