Nature of the Case
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Facts
In September 1930, Bela Lugosi and D concluded an agreement for the production of the film Dracula in which Lugosi contracted to and did play the title role. Hope Linninger Lugosi and Bela George Lugosi, (P) widow and surviving son, respectively, of Bela Lugosi, filed a complaint against D on February 3, 1966, alleging that they were the heirs of Bela Lugosi who died in 1956, and that D had, commencing in 1960, appropriated and continued to appropriate property which they had inherited from Lugosi and which was not part of the agreement with D that Lugosi signed in 1930. The trial court found in pertinent part that 'the essence of the thing licensed' by Universal to each of its licensees was the 'uniquely individual likeness and appearance of Bela Lugosi in the role of Count Dracula.' The trial court concluded that: Lugosi during his lifetime had a protectable property or proprietary right in his facial characteristics and the individual manner of his likeness and appearance as Count Dracula; that said property or proprietary right was of such character and substance that it did not terminate with Lugosi's death but descended to his heirs; and that [they] acquired all right, title and interest in and to said property under the will of Lugosi. D appealed.
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