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NOM MUSIC, INC. v. KASLIN

No. 168, Docket 29073.

343 F.2d 198 (1965)

NOM MUSIC, INC., Plaintiff-Appellee, v. William KASLIN, a/k/a Bill Chaplin, and Blanche Kaslin d/b/a Hull Record Company, Keel Music Publishing Co., Hull Records, Inc., Keel Music Publishing Co., Inc. and James Sheppard, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided April 2, 1965.

Attorney(s) appearing for the Case

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

Elliot L. Hoffman, Beldock, Levine & Hoffman, New York City, for defendants-appellants.

Before LUMBARD, Chief Judge, and SWAN and WATERMAN, Circuit Judges.

LUMBARD, Chief Judge:

The defendants appeal from an interlocutory order of the Southern District of New York, which restrains them from publishing or otherwise exploiting a song, "Daddy's Home," in which they purport to hold a copyright. Judge Cooper found that their publication of the song infringed the plaintiff's valid copyright in an earlier song, "A Thousand Miles Away." Since we find that the plaintiff does have a valid copyright, we affirm the order of the...

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