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STASNY MUSIC CORP. v. SANTLY-JOY, INC.

156 F.Supp. 795 (1957)

STASNY MUSIC CORP., Plaintiff, v. SANTLY-JOY, Inc. and Specialty Records, Inc., Defendants.

United States District Court S. D. New York.

February 19, 1957.

Attorney(s) appearing for the Case

Howard N. Beldock, New York City, for plaintiff.

Abeles & Bernstein, New York City, for defendant Santly-Joy, Inc.

WEINFELD, District Judge.

This is a statutory action for infringement of a copyrighted song.1 The defendant has pleaded in bar the plaintiff's failure to file a notice of use in accordance with § 1(e) of the Copyright Act.2 Plaintiff moves to strike this defense as insufficient in law and defendant cross moves for summary judgment.

The action arises out of similarity of the titles of two songs...

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