NELSON v. MILLS MUSIC, INC.


278 A.D. 311 (1951)

Ed G. Nelson et al., Appellants, v. Mills Music, Inc., Respondent, and "Jane" Pease, as Executrix of Harry Pease, Deceased, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

May 22, 1951.


Attorney(s) appearing for the Case

Abner Greenberg for appellants.

Theodore R. Kupferman of counsel (Samuel Jesse Buzzell, attorney), for respondent.

PECK, P. J., DORE, CALLAHAN, VAN VOORHIS and SHIENTAG, JJ., concur.


Per Curiam.

Plaintiffs are the composers of a song entitled "Red Roses for My Blue Baby", the rights to which they assigned in 1945 to the defendant, music publisher, on a royalties basis. In 1949 the defendant published another song entitled "Red Roses for a Blue Lady". The complaint is that the latter is an infringement of plaintiffs' song, a virtual steal of its title, and that defendant failed or neglected to promote plaintiffs' composition but successfully...

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