Legal Opinion
Rare Earth, Inc. v. Hoorelbeke
District Court, S.D. New York
Decided July 15, 1975No. 74 Civ. 3402 (JMC)PublishedCited by 28 opinions
1Opinion of the Court
OPINION AND ORDER
CANNELLA, District Judge:
Rare Earth, Inc., is not, as one might surmise, an organization dedicated to environmental activism or the preservation of our natural resources. Rather, it is the corporate entity formed by a group of rock and roll musicians who publicly perform as “RARE EARTH”. From this group “comes the dissonant chord” 1 of an intracorporate battle for control resulting from a schism among the band members in July, 1974.
Predicating jurisdiction on the Lanham Act, 2 the two resultant corporate factions ask the Court to decide which individuals may continue to…
2Cases cited75 opinions
- T. B. Harms Company v. Edward Eliscu and Ross Jungnickel, Inc.Court of Appeals for the Second Circuit · 1964
- Grotrian, Helfferich, Schulz, Th. Steinweg Nachf. v. Steinway & SonsCourt of Appeals for the Second Circuit · 1975
- L'Aiglon Apparel, Inc. v. Lana Lobell, Inc.Court of Appeals for the Third Circuit · 1954
- Alfred Dunhill Limited and Alfred Dunhill of London, Inc. v. Interstate Cigar Company, Inc.Court of Appeals for the Second Circuit · 1974
- Luckett v. Delpark, Inc.Supreme Court of the United States · 1926
70 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Johnson & Johnson v. Carter-Wallace, Inc.Court of Appeals for the Second Circuit · 1980
- Ppx Enterprises, Inc., Mod Music, Inc., and J.H. Records, Inc. v. Audiofidelity, Inc. And Dante J. PuglieseCourt of Appeals for the Second Circuit · 1984
- Rengo Co. Ltd. And Simon Container MacHinery Limited, in No. 80-2556 v. Molins MacHine Company, Inc., in No. 80-2557Court of Appeals for the Third Circuit · 1981
- Chromium Industries, Inc. v. Mirror Polishing & Plating Co., Inc.District Court, N.D. Illinois · 1978
- Donald J. Wylie v. The Marley CompanyCourt of Appeals for the Tenth Circuit · 1989
23 more not listed; retrieve them via the Exa API.