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STUART v. COLLINS

No. 77 Civ. 1662 (PNL).

489 F.Supp. 827 (1980)

Thomas G. STUART, Plaintiff, v. William COLLINS and Warner Brothers Records, Inc., Defendants.

United States District Court, S. D. New York.

As Corrected June 2, 1980.

Attorney(s) appearing for the Case

Stephen B. Judlowe, New York City, for plaintiff.

Robert C. Osterberg, New York City, for Collins.

Eugene L. Girden, New York City, for Warner Bros. Records.

MEMORANDUM ORDER

LEVAL, District Judge.

Thomas G. Stuart, a little known performer of popular, rock music brought this action alleging infringement of his service mark1 against William C. Collins and Warner Bros. Records, Inc. ("Warner"), a subsidiary of Warner Communications, Inc.

Stuart, who resides in Birmingham, Alabama, participated in 1966 in the formation of a band which took the name "The Rubberband." After this...

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