Legal Opinion
Bourne Co. v. Tower Records, Inc.
Court of Appeals for the Second Circuit
Decided September 29, 1992No. 2143, Docket 92-7701PublishedCited by 13 opinions
1Opinion of the Court
WINTER, Circuit Judge.
Walt Disney Company (“Disney”) and Buena Vista Home Video appeal from a preliminary injunction issued by Judge Stanton, barring their use of songs from the movie “Pinocchio” (“the songs”) on videocassette trailer advertisements. Because the district court gave insufficient weight to Bourne Co.’s delay in seeking relief and mistakenly considered the challenged use “new”, we reverse.
In 1939, Disney entered into an agreement with Bourne, in which it assigned to Bourne copyrights to the songs from the movie “Pinocchio”, including the famous “When You Wish Upon A Star” (“Wish…
2Cases cited5 opinions
- Citibank, N.A. And Citicorp v. Citytrust and Citytrust Bancorp, Inc.Court of Appeals for the Second Circuit · 1985
- Hasbro Bradley, Inc. v. Sparkle Toys, Inc.Court of Appeals for the Second Circuit · 1985
- Le Sportsac, Inc. v. Dockside Research, Inc.District Court, S.D. New York · 1979
- Gear, Inc. v. L.A. Gear California, Inc.District Court, S.D. New York · 1986
- Video Trip Corp. v. Lightning Video, Inc.Court of Appeals for the Second Circuit · 1989
3Cited by13 opinions
- Voice of the Arab World, Inc. v. MDTV Medical News Now, Inc.Court of Appeals for the First Circuit · 2011
- Fisher-Price, Inc. v. Well-Made Toy Manufacturing Corp.Court of Appeals for the Second Circuit · 1994
- Major League Baseball Properties, Inc. v. Pacific Trading Cards, Inc.Court of Appeals for the Second Circuit · 1998
- Richard Feiner and Company, Inc. v. Turner Entertainment Co., Mgm/ua Home Video, Inc. And Time Warner, Inc.Court of Appeals for the Second Circuit · 1996
- Microsoft Corp. v. Harmony Computers & Electronics, Inc.District Court, E.D. New York · 1994
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