Legal Opinion
Mercury Record Corp. v. Buckingham Record Co.
District Court, S.D. New York
Decided December 20, 1963PublishedCited by 2 opinions
1Opinion of the Court
McLEAN, District Judge.
This is an action for unfair competition in the sale of phonograph records. The complaint seeks a permanent injunction and damages. Plaintiff now moves for a preliminary injunction.
There is no real dispute as to the essential facts, which I find to be as follows:
Plaintiff, a Delaware corporation, is engaged in the business of manufacturing and selling phonograph records. On or about August 15, 1963, plaintiff put on the market a long-playing phonograph record of songs sung by a Belgian nun named Soeur Sourire. The record is enclosed in an album which contains in…
2Cases cited7 opinions
- Standard Brands, Inc. v. SmidlerCourt of Appeals for the Second Circuit · 1945
- My-T Fine Corporation v. SamuelsCourt of Appeals for the Second Circuit · 1934
- Pastificio Spiga Societa Per Azioni v. De Martini MacAroni Co., IncCourt of Appeals for the Second Circuit · 1952
- John H. Woodbury, Inc. v. William A. Woodbury Corp.District Court, S.D. New York · 1938
- Consumers Union of United States, Inc. v. Admiral CorporationDistrict Court, S.D. New York · 1960
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3Cited by2 opinions
- Ives Laboratories, Inc. v. Darby Drug Co., Inc.District Court, E.D. New York · 1978
- Consumers Union of United States, Inc. v. Theodore Hamm Brewing Co.District Court, D. Connecticut · 1970