The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-07-30
BUD FISHER WINS
Exclusive Ownership 'sMutt and
JEFF" Cartoons Decided.
Famous Artist Sustained by n.
Y. Court of Appeals.
ENDS YEARS OF LITIGATION
other Artists Tried to Initiate
Popular Cartoons.
English High Court Recently
Made Same Decision.
ENDS YEARS OF LITIGATION

Albany, N. Y, July 30.-The court
of appeals of the state of New York
today handed down a decision which
sustains in all respects the rights of
the artist, Bud Fisher, to exclusive
ownership of the Well-known Mutt
and JEFF cartoons. This is an i'm
portant decision to all publishers and
artists because it finally determines
the moOt question of property rights
IN original drawings and makes new
law.
Litigation over Mutt and Jeff has
been going on both in the United
States and in England for several
years. The great popularity of the
two famous characters, Mutt and jeff,
has caused a number of other artists
and newspapers both in the United
States and Europe to try to initiate
them. Some time ago the high court
of Justice of England decided that the
right to draw and publish Mutt and
Jeff" cartoons belongs exclusively to
Mr.. Fisher.
Judge Chase's opinion.
Now the highest court of the state
of New York has reached the same
conclusion.
The opinion in the case decided to-
day was written by Judge Chase. who
died before the case was decided, but
the court adopted it as the opinion OF
the court.
Judge Chase's opinion is, in part,
as follows:
ut appears from the findings of fact that
the grotesque figures in Mr.. Fishers car
toons as well as the names Mutt and JEFF
applied to them have in consequence OF the
way in which they have been exploited by
Mr.. Fisher and the appearance and assumed
characters of the imaginary figures have
been maintained, acquired meaning apart
from their primary meaning, which is
known as secondary meaning. Inc sec
ondary meaning that Is applicable TO the
figures and the names is that Mr.. Fisher
originated them and that his genius per
vades all that they appear to do or say.
Use by Another Unfair.
at also appears from the findings of
fact that Mr.. Fisher is the owner Of the
property right existing in the characters
represented in such figures and names.
are u TT The figures and names have
been so connected with Mr.. Fisher as their
originator or author. that the use by an
other Of new cartoons exploiting the char
acters Mutt and Jeff would be unfair to
the public and to the plaintiff. No person
should be 6 to pass en- MS own
The only purpose that another than MI
Fisher can have In using the figures or
the financial value that such figures and
names have acquired by reason of the skill
Of Mr.. Fisher"
Attorneys Are Gratified.
Mr. Charles F. Kelley. of the firm of
Kelley & Becker. attorneys for Mr.. Fisher,
who conducted the case since Its inception
thru all its notifications, said today:
Mr. s5eS sn@ rs The cSur TO
the contention that we have made con-
siStently Ior the last six years, during all
of which time Mutt and Jeff have been
under attack from various quarters. 1t is
now finally decided both III England and
tlon hns the right to draw or publish Mr..
Fishers Mutt and Jeff cartoons or use
the famous character in any way without
Mr.. Fishers consent