Walters v. SHARI MUSIC PUBLISHING CORPORATION

DIMOCK, District Judge.

These are cross-motions for ¡summary judgment. The action seeks •an injunction against publication of •copies of a musical composition entitled “Jamaica Farewell”. The complaint was framed as one for copyright infringement and stated no facts warranting relief on any other theory. The notice of readiness filed by plaintiff, however, •characterized the action as for “infringement of copyright, unfair competition, unfair trade practices, and abuse of confidential relationship”. Applying by analogy the rule that a complaint will not ¡be dismissed unless it appears to a…