Legal Opinion

Cherry River Music Co. v. Simitar Entertainment, Inc.

District Court, S.D. New York

Decided March 9, 1999No. 99 Civ. 1127(LAK)PublishedCited by 17 opinions

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

  1. Schweiker v. HansenSupreme Court of the United States · 1981
  2. Broadcast Music, Inc. v. Columbia Broadcasting System, Inc.Supreme Court of the United States · 1979
  3. 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
  4. Paul Jolly v. Thomas Coughlin, Robert Greifinger, John P. Keane, C. Greiner, S. KapoorCourt of Appeals for the Second Circuit · 1996
  5. Nassau Trust Co. v. Montrose Concrete Products Corp.New York Court of Appeals · 1982

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3Cited by17 opinions

  1. John G. Danielson, Inc. v. Winchester-Conant Properties, Inc.Court of Appeals for the First Circuit · 2003
  2. Mazzei v. Money StoreCourt of Appeals for the Second Circuit · 2016
  3. 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
  4. Ancile Investment Co. v. Archer Daniels Midland Co.District Court, S.D. New York · 2011
  5. Williams v. Rosenblatt Securities Inc.District Court, S.D. New York · 2015

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