NORTHERN MUSIC CORP. v. PACEMAKER MUSIC CO.


248 F.Supp. 278 (1964)

NORTHERN MUSIC CORP. v. PACEMAKER MUSIC CO.

United States District Court S. D. New York.

July 20, 1964.


Attorney(s) appearing for the Case

A. Walter Socolow, New York City, for plaintiff.

Walter Hofer, New York City, for defendant Pacemaker Music.


COOPER, District Judge.

Plaintiff seeks a preliminary injunction pendente lite enjoining defendants from infringing its copyrighted musical composition "Don't Let the Sun Catch You Cryin'." Defendants recorded and are currently selling a single 45 R.P.M. record and an album entitled "Don't Let The Sun Catch You Crying." Plaintiff also seeks preliminary relief on its claim of unfair competition.

The evidence presented is insufficient to sustain a preliminary...

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