Infringement



The following letter was written by Groucho Marx to Warner Brothers after being warned that the title of the film "A Night in Casablanca" infringed on the name "Casablanca." It was read aloud during the 1997 bicentennial celebration for the Library of Congress, along with letters by Jefferson and Lincoln. The text was then printed in the New York Times.
 

Apparently there is more than one way of conquering a city and holding it as your own. For example, up to the time that we contemplated making a picture, I had no idea that the city of Casablanca belonged to the Warner Brothers.
 

However, it was only a few days after our announcement appeared that we received a long, ominous legal document warning us not to use the name "Casablanca."
 

It seems that in 1471, Ferdinand Balboa Warner, the great-great grandfather of Harry and Jack, while looking for a shortcut to the city of Burbank, had stumbled on the shores of Africa and, raising his alpenstock, which he later turned in for a hundred shares of the common, he named it Casablanca.
 

I just can't understand your attitude. Even if they plan on re-releasing the picture, I am sure that the average movie fan could learn to distinguish between Ingrid Bergman and Harpo. I don't know whether I could, but I certainly would like to try.
 

You claim you own Casablanca and that no one else can use that name without your permission. What about Warner Brothers -- do you own that, too? You probably have the right to use the name Warner, but what about Brothers. Professionally, we were brothers long before you were.
 

Even before us, there had been other brothers -- the Smith Brothers, the Brothers Karamazov; Dan Brouthers, an outfielder with Detroit, and "Brother, can you spare a dime?" This was originally "Brothers, can you spare a dime," but this was spreading a dime pretty thin,
 

The younger Warner Brother calls himself Jack. Does he claim that, too? It's not an original name -- it was used long before he was born, Offhand, I can think of two Jacks -- there was Jack of "Jack and the Beanstalk" and Jack the Ripper, who cut quite a figure in his day.
 

As for Harry, offhand I can think of two Harrys that preceded him. There was Lighthorse Harry of revolutionary fame and a Harry Appelbaum, who lived on the corner of 93rd Street and Lexington Avenue.
 

This all seems to add up to a pretty bitter tirade but I don't mean to. I love Warners -- some of my best friends are Warner Brothers. I have a hunch that this attempt to prevent us from using the title is the scheme of some ferret-faced shyster serving an apprenticeship in their legal department. I know the type -- hot out of law school, hungry for success and too ambitious to follow the natural laws of promotion, this bar sinister probably needled Warner's attorneys, most of whom are fine fellows with curly black hair, double-breasted suits etc. in attempting to enjoin us.
 

Well, he won't get away with it! We'll fight him to the highest court! No pasty-faced legal adventurer is going to cause bad blood between the Warners and the Marxes. We are all brothers under the skin and we'll remain friends till the last reel of "A Night in Casablanca" goes tumbling over the spool.