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DAVILLA v. BRUNSWICK-BALKE COLLENDER CO.

No. 155.

94 F.2d 567 (1938)

DAVILLA v. BRUNSWICK-BALKE COLLENDER CO. OF NEW YORK et al.

Circuit Court of Appeals, Second Circuit.

February 7, 1938.

Attorney(s) appearing for the Case

Julian T. Abeles, of New York City (Charles S. Rosenschein, Julian T. Abeles, and Edwin P. Kilroe, all of New York City, of counsel), for appellant.

Moses H. Hoenig, of New York City, for appellee.

Before MANTON, SWAN, and AUGUSTUS N. Hand, Circuit Judges.

MANTON, Circuit Judge.

Appellee composed, published, and copyrighted, in 1920, a song entitled "You made me like it, Daddy (That's why I love it so)." In 1928, appellant, a large distributor of phonographic records, infringed this copyright by making a phonographic disc on one side of which was a record of appellee's song, although entitled "You made me like it Baby," and on the other side a selection entitled "Gumbo." Appellee discovered its use March 23, 1929, by...

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