Betty Boop - Helen Kane Lawsuit

Helen Kane Lawsuit

In May 1932, Helen Kane filed a $250,000 infringement lawsuit against Max Fleischer and Paramount Publix Corporation for the "deliberate caricature" that produced "unfair competition", exploiting her personality and image. While Kane had risen to fame in the late 1920s as "The Boop-Oop-A-Doop Girl," a star of stage, recordings, and films for Paramount, her career was nearing its end by 1931. Paramount promoted the development of Betty Boop following Kane's decline. The case was brought in New York in 1934. Although Kane's claims seemed to be valid on the surface, it was proven that her appearance was not unique. Both Kane and the Betty Boop character bore resemblance to Paramount top-star Clara Bow. On April 19, Fleischer testified that Betty Boop purely was a product of the imaginations of himself and detailed by members of his staff.

The most significant evidence against Kane's case was her claim as to the uniqueness of her singing style. Testimony revealed that Kane had witnessed an African American performer, Baby Esther, using a similar vocal style in an act at the Cotton Club nightclub in Harlem, some years earlier. An early test sound film was also discovered, which featured Baby Esther performing in this style, disproving Kane's claims. Supreme Court Judge Edward J. McGoldrick ruled: "The plaintiff has failed to sustain either cause of action by proof of sufficient probative force". The ruling concluded that the "baby" technique of singing did not originate with Kane.