Detroit Institute Of Arts Founders Society v. Rose

127 F.Supp.2d 117 (2001)

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Nature of the Case

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Facts

The first Howdy Doody puppet that appeared on 'The Howdy Doody Show' was referred to as the 'Ugly Howdy.' Velma Dawson was commissioned to build a new Howdy Doody to replace the Ugly Howdy. NBC purchased the new puppet from Dawson, and this puppet became the Howdy Doody character on the show. Several other Howdy Doody puppets were created. 'Double Doody,' a puppet nearly identical to Howdy Doody, served as a stand-in on the show when repairs were made to Howdy Doody. 'Photo Doody,' a puppet without strings, was used for public appearances and photo opportunities. The 'Canadian Howdys' were created for a version of 'The Howdy Doody Show' that aired in Canada. Rufus C. Rose and his wife, Margaret (Margo) Rose helped to maintain the puppets. Beginning in 1952, Rufus served as the puppet master, puppeteer, and caretaker for many of the puppets that appeared on the American broadcast of the 'The Howdy Doody Show.' He received $75.00 per week from NBC for 'storing and servicing' the puppets at his workshop as part of his compensation. Margo repaired puppets that appeared on the show; she also designed some of the show's characters and modeled and painted their heads. When the show went off the air Rufus kept possession of many of the puppets used in the show, including Howdy Doody, Double Doody, and the Canadian Howdys. By an informal agreement, Rufus continued to store the puppets in his Connecticut workshop until final arrangements were made for them. A fire occurred and some of the puppets were damaged. Fortunately, Howdy Doody apparently escaped serious harm. NBC, with its insurance carrier, sued Rufus for allowing the puppets to be damaged. Rufus won the suit and then approached NBC about payment for his maintenance and storage of the puppets since the end of the show in 1960, and about the future of the puppets, including Howdy Doody. A settlement was worked out and Rufus would send Howdy Doody to P. But instead, Rufus held on to Howdy. In response to a request from his friend Buffalo Bob, who was then making public appearances throughout the country in his role from the show, Rufus agreed in a letter to send Howdy Doody to Buffalo Bob. Rufus explained to Buffalo Bob that he had agreed with NBC that the puppet would 'eventually' be placed with P, and it never would be used in a commercial manner. Rufus died in 1975, while Howdy Doody was still in Buffalo Bob's possession. Buffalo Bob kept Howdy Doody and used him in his public appearances for the next 15 years. Buffalo Bob's attorney, wrote to NBC, Margo, and P, requesting that they waive the requirement that Howdy Doody be placed with P. Burns indicated that Buffalo Bob had fallen on difficult financial times, and now wished to sell the puppet and keep the proceeds. Margo and NBC refused and demanded that Howdy by given to P who also joined the demand. Buffalo Bob informed P that he would transfer Howdy to the museum when he no longer wished to keep the puppet. Buffalo Bob and Christopher Rose changed their minds and they executed an agreement to sell the puppet and split the profits. Howdy was turned over to Christopher Rose at that time, with the understanding that if it were not sold by June 1, 1999, it would be returned to Buffalo Bob under the terms of his original agreement with Rufus from 1970. Christopher Rose entered into a consignment agreement with Leland's Collectibles, Inc., an auction house, for the sale of the 'original Howdy Doody' and other puppets from 'The Howdy Doody Show.' A few days later, Buffalo Bob died. P then brought this case to prevent the Rose family from selling the puppet and also to gain possession of it. Before the court are motions for summary judgment.