ARC MUSIC CORP. v. LEE

No. 47, Docket 26923.

296 F.2d 186 (1961)

ARC MUSIC CORP., Plaintiff-Appellant, v. Bobbi LEE and Joseph Robinson, d/b/a Ben-Ghazi Enterprises, et al., Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided November 27, 1961.


Attorney(s) appearing for the Case

Miles J. Lourie, of Orenstein & Arrow, New York City, for plaintiff-appellant.

Jack Pearl, New York City (Martin Pearl and Stuart Sprague, New York City, on the brief), for defendants-appellees.

Before CLARK, HINCKS, and FRIENDLY, Circuit Judges.


CLARK, Circuit Judge.

Plaintiff asserts plagiarism of its copyrighted song "Billy's Blues" by defendants' later copyrighted song "Love Is Strange." Its claim was stated in two counts, one asking equitable relief for unfair competition or infringement, and the other seeking damages upon which it claimed trial by jury. The trial judge submitted the second count to the jury under an appropriate charge, and the jury returned a defendants' verdict. Thereafter the judge...

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