Metropolitan Opera Ass'n v. Wagner-Nichols Recorder Corp.
Appellate Division of the Supreme Court of the State of New York
1Per curiam
The Special Term was right in holding that the complaint sets forth a single cause of action in which Metropolitan Opera Association, Inc., and American Broadcasting Company, Inc., might properly join in asserting common rights. The court likewise was authorized in granting permission to Columbia Records, Inc., to intervene as a party plaintiff.
Defendants’ acts, as alleged in the complaint, constitute a misappropriation of the work, skill, expenditure and good will of plaintiffs, and present a ease of unfair competition. Moreover, upon this record, these property interests of plaintiffs are…
2Cases cited4 opinions
- International News Service v. Associated PressSupreme Court of the United States · 1919
- Metropolitan Opera Ass'n, Inc. v. Wagner-Nichols Recorder Corp.New York Supreme Court · 1950
- Fisher v. . Star Co.New York Court of Appeals · 1921
- Madison Square Garden Corp. v. Universal Pictures Co.Appellate Division of the Supreme Court of the State of New York · 1938
3Cited by117 opinions
- Saratoga Vichy Spring Co., Inc. v. Orin Lehman, Commissioner of Parks and Recreation of the the State of New York and Waters of Saratoga Springs, Inc.Court of Appeals for the Second Circuit · 1980
- National Basketball Ass'n v. Motorola, Inc.Court of Appeals for the Second Circuit · 1997
- Nifty Foods Corporation v. The Great Atlantic & Pacific Tea Company, Inc. And Pet IncorporatedCourt of Appeals for the Second Circuit · 1980
- QSP, Inc. v. Aetna Casualty & Surety Co.Supreme Court of Connecticut · 2001
- Mayer v. Josiah Wedgwood & Sons, Ltd.District Court, S.D. New York · 1985
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