Cherry River Music Co. v. Simitar Entertainment, Inc.
District Court, S.D. New York
1Opinion of the Court
OPINION
KAPLAN, District Judge.
In December 1998, plaintiffs, a music publisher and the owner of the World Wrestling Foundation (“WWF”), brought out a compact disk entitled WWF — The Music, Volume 3 which contains the “entrance themes” of fourteen WWF wrestlers, the copyrights of which all are owned by the plaintiffs. The disk has been quite successful, having shipped a million and sold over 500,000 copies by mid-February.
In late January 1999, defendant Simitar Entertainment, Inc. (“Simitar”) brought out its own disk called Slammin’ Wrestling Hits, which obviously was intended to capitalize on…
2Cases cited34 opinions
- Schweiker v. HansenSupreme Court of the United States · 1981
- Broadcast Music, Inc. v. Columbia Broadcasting System, Inc.Supreme Court of the United States · 1979
- Tom Doherty Associates, Inc. D/B/A Tor Books v. Saban Entertainment, Inc. And Saban International N.V.Court of Appeals for the Second Circuit · 1995
- Paul Jolly v. Thomas Coughlin, Robert Greifinger, John P. Keane, C. Greiner, S. KapoorCourt of Appeals for the Second Circuit · 1996
- Nassau Trust Co. v. Montrose Concrete Products Corp.New York Court of Appeals · 1982
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- 24/7 Records, Inc. v. Sony Music Entertainment, Inc. And Sheridan Square Entertainment, Llc, Doing Business as Artemis Records, No. 04-5563-CvCourt of Appeals for the Second Circuit · 2005
- Ancile Investment Co. v. Archer Daniels Midland Co.District Court, S.D. New York · 2011
- Williams v. Rosenblatt Securities Inc.District Court, S.D. New York · 2015
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