As indicated in the dissenting opinion of Mr. Justice Steuer, the plaintiff's primary ground of complaint is that the buying public has been beguiled into the belief that some of the record albums are truly the works of Artie Shaw and his orchestra; and that this result has been achieved by the deceptive material distributed by the defendant in promoting sales of the albums. Plaintiff's claim is not limited, as also stated in the dissent, to a contention that "the mere use...
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