Play Meter
Issue: 1982 April 01 - Vol 8 Num 7 - Page 9
NEWS BEAT
Bally hails
Supreme Court ruling
Bally M anufacturing has received the
Supreme Court decision to remand
the City of M esquite vs . A laddin's
Castle case back to the 5th Circuit
Court of Appeals with approval.
" It was exac tl y what we asked for
in our brief " comment d Bally
Counsellor Glen Seidenfeld.
Th Court of A ppeals had d cided
in favor of Bally that th Cit y of
M esquite was proceeding unconsti -
utionally wh nit tried to ban 17 y ar
o td s from playi ng the arcad pi c s
in A laddin's Castl .
In remanding the case back to the
state level , the Supreme Court
r eques ted that co urt to cla r ify
whether its ruling is sufficiently sup -
ported by T exas law . If it is , rather
than the federal law upon which that
court called for the b sis of its judg-
ment , then the case would be in its
pr oper jurisdiction in that state
rather than in the Supreme Court.
(See analysis , page 66.)
A s to th other issue of ques tion ,
whethe r or not th ordinance of the
c ity could instru ct the Chief of Police
to inves tigat e ar cade license appli -
cants for possible criminal con nec -
tions , the Supreme Court reversed
the Court of Appeals denial of that
right to the city. But Seidenfeld con-
tends that point was moot anyway-
the state cou rt having found no cri m -
inal connections relevant to Bally-
and therefore the r eve rsal of the
ea rli er decision favoring Bally was
unimportant.
A s to the Aladdin's C as tle that si ts
in the mall in M esquit e, it has
remained open througho ut the con-
troversy and conti nues business as
usual.
Midway halts infringers in L.A.
M idway has been granted an injuc ·
tion against some 25 companies,
restraining them from using, buying,
or selli ng copies of Poe -Ma n, Rally X ,
and Ga/axians . Two other defen -
dants were inst ructed to continue
under a tempora ry restraining ord er
for thirty days until further informa-
tion ca n be gathered to validate their
objections to the injunction .
The injunction offered by Midway
in U .S. Federal D is trict Court ,
Cen tr al D istrict of Los Ang les was
approved by Judge T erry H atter
Februa ry 16 after less than two
hours of argument.
Th e injunc tion is characteri zed by
the ent nsion of M idway's opyright
wa r s to include attacks on loca tions.
M ost notable in the decision was the
inclusion of the national c hain of 7-11
stores. The manag rs of those 4700
outle ts now must concern them -
selves with being h ld in contempt of
court if they are discovered with
games that might violate th e M idway
copyright .
D fendants St an Rousso and
M ichael Stone were ex used from
the injunction wh en the1r attorn y
Michael M cEntee argued that the
game Bu an eer did not infringe on
M idway.
PLAY METER , April1 , 1982
M cEnt ee questions the validity of
the Poe -Man copyright , claiming
that the game existed in Japan four
yea r s prior to the date Midway
claims for its creation .
Rousso and St one were granted
thirty-day extensions for the purpose
o f allotti ng time for continued
gathering of evidence . Currently ,
those parties have investigators
working in Japan to gather such
evidence .
Kayes restructure
under new company
With the completion of the sa le o f
Irving K aye Company to U .S.
Billiard s barely out of the way , the
Kaye brothers have incorporated
the remains of their former company
into a new en deavo r , D esigns for
Leisure , Ltd .
Th e new K aye effort will ce nter
around home pool table lines, one
line of distributor produc ts , another
featuring a decorator/ designer pool
table. They also will conti nue manu -
factu ring casi no gaming furniture ,
said Howard Kaye .
In effect, the old K aye company
and the new K aye effort differ only in
that the new effort is void of the coin -
operated line of pool tables . " W e
sold the building and the coin -op
business," offered Howard Kaye.
Kaye left the door open for a
return to the coin -op end of the com-
pany's endeavors , indicating that the
future would see their return to that
aspect of the industry.
Princi pals of the former company
will stay with the K ayes. Gary Kealey
will be sales manager of the new firm ,
and Don DeServi will remain as
woodworking foreman. H owever,
Bill Currier , former Irving K aye sales
manager will move with the coin -op
division to U .S. Billiards.
Designs for Leisure, Ltd . is located
at 41 K ensico Drive, Mount Kisco,
N ew York .
11
Bally hails
Supreme Court ruling
Bally M anufacturing has received the
Supreme Court decision to remand
the City of M esquite vs . A laddin's
Castle case back to the 5th Circuit
Court of Appeals with approval.
" It was exac tl y what we asked for
in our brief " comment d Bally
Counsellor Glen Seidenfeld.
Th Court of A ppeals had d cided
in favor of Bally that th Cit y of
M esquite was proceeding unconsti -
utionally wh nit tried to ban 17 y ar
o td s from playi ng the arcad pi c s
in A laddin's Castl .
In remanding the case back to the
state level , the Supreme Court
r eques ted that co urt to cla r ify
whether its ruling is sufficiently sup -
ported by T exas law . If it is , rather
than the federal law upon which that
court called for the b sis of its judg-
ment , then the case would be in its
pr oper jurisdiction in that state
rather than in the Supreme Court.
(See analysis , page 66.)
A s to th other issue of ques tion ,
whethe r or not th ordinance of the
c ity could instru ct the Chief of Police
to inves tigat e ar cade license appli -
cants for possible criminal con nec -
tions , the Supreme Court reversed
the Court of Appeals denial of that
right to the city. But Seidenfeld con-
tends that point was moot anyway-
the state cou rt having found no cri m -
inal connections relevant to Bally-
and therefore the r eve rsal of the
ea rli er decision favoring Bally was
unimportant.
A s to the Aladdin's C as tle that si ts
in the mall in M esquit e, it has
remained open througho ut the con-
troversy and conti nues business as
usual.
Midway halts infringers in L.A.
M idway has been granted an injuc ·
tion against some 25 companies,
restraining them from using, buying,
or selli ng copies of Poe -Ma n, Rally X ,
and Ga/axians . Two other defen -
dants were inst ructed to continue
under a tempora ry restraining ord er
for thirty days until further informa-
tion ca n be gathered to validate their
objections to the injunction .
The injunction offered by Midway
in U .S. Federal D is trict Court ,
Cen tr al D istrict of Los Ang les was
approved by Judge T erry H atter
Februa ry 16 after less than two
hours of argument.
Th e injunc tion is characteri zed by
the ent nsion of M idway's opyright
wa r s to include attacks on loca tions.
M ost notable in the decision was the
inclusion of the national c hain of 7-11
stores. The manag rs of those 4700
outle ts now must concern them -
selves with being h ld in contempt of
court if they are discovered with
games that might violate th e M idway
copyright .
D fendants St an Rousso and
M ichael Stone were ex used from
the injunction wh en the1r attorn y
Michael M cEntee argued that the
game Bu an eer did not infringe on
M idway.
PLAY METER , April1 , 1982
M cEnt ee questions the validity of
the Poe -Man copyright , claiming
that the game existed in Japan four
yea r s prior to the date Midway
claims for its creation .
Rousso and St one were granted
thirty-day extensions for the purpose
o f allotti ng time for continued
gathering of evidence . Currently ,
those parties have investigators
working in Japan to gather such
evidence .
Kayes restructure
under new company
With the completion of the sa le o f
Irving K aye Company to U .S.
Billiard s barely out of the way , the
Kaye brothers have incorporated
the remains of their former company
into a new en deavo r , D esigns for
Leisure , Ltd .
Th e new K aye effort will ce nter
around home pool table lines, one
line of distributor produc ts , another
featuring a decorator/ designer pool
table. They also will conti nue manu -
factu ring casi no gaming furniture ,
said Howard Kaye .
In effect, the old K aye company
and the new K aye effort differ only in
that the new effort is void of the coin -
operated line of pool tables . " W e
sold the building and the coin -op
business," offered Howard Kaye.
Kaye left the door open for a
return to the coin -op end of the com-
pany's endeavors , indicating that the
future would see their return to that
aspect of the industry.
Princi pals of the former company
will stay with the K ayes. Gary Kealey
will be sales manager of the new firm ,
and Don DeServi will remain as
woodworking foreman. H owever,
Bill Currier , former Irving K aye sales
manager will move with the coin -op
division to U .S. Billiards.
Designs for Leisure, Ltd . is located
at 41 K ensico Drive, Mount Kisco,
N ew York .
11
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