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LTAR
On LTAR yesterday Bob was talking about how the Village Voice has been trying to keep
other papers from using the name "The Voice." This reminds me of a classic story of how,
in the mid-1940s, Warner Brothers Studios threatened to sue the Marx Brothers.
The Marx Brothers were planning a movie called "A Night in Casablanca," and Warner
Brothers, having made the film "Casablanca," felt they owned the name. Instead of having
lawyers reply, Groucho wrote to the Warner Brothers legal department. "Apparently there is
more than one way of conquering a city and holding it as your own," he began, saying that
he had no idea that Warner Brothers claimed to own the city of Casablanca. He then went
on to point out that the Marx Brothers were brothers professionally long before the Warner
Brothers, that Jack Warner wasn't the only Jack in the world ("There was Jack of Jack and
the Beanstalk and Jack the Ripper, who cut quite a figure in his day."). He gave Harry
Warner the same treatment. He suggested that the average movie goer could learn in time
to distinguish between Harpo and Ingrid Bergman ("I don't know if I could, but I'd certainly like
to try.")
The Warner Brothers legal department wrote back that if Groucho would describe the plot,
perhaps something might be worked out. Groucho sent another letter, describing a totally
incomprehensible plot. Warner Brothers replied that they still didn't understand the plot.
Groucho sent another letter, similarly anarchic. They heard no more from the Warner
Brothers legal department.
In all seriousness, I hope the Cape Cod Voice decides to fight that sort of nonsense. There
may be facts with which I am not familiar, so this is not to be considered a legal opinion, just
an off-the-cuff observation, but I would be tempted to defend the case aggressively, using
Rule 11 of the Federal Rules of Civil Procedure, which provides for sanctions against a
lawyer who brings a claim that has no merit.
--
A. Joseph Ross, J.D. 617.367.0468
15 Court Square, Suite 210 lawyer@attorneyross.com
Boston, MA 02108-2503 http://www.attorneyross.com