COLUMBIA BROADCAST. SYST., INC. v. MELODY RECORDINGS, INC.


134 N.J. Super. 368 (1975)

341 A.2d 348

COLUMBIA BROADCASTING SYSTEM, INC., A NEW YORK CORPORATION, PLAINTIFF-APPELLANT AND CROSS-RESPONDENT, v. MELODY RECORDINGS, INC., A NEW JERSEY CORPORATION, DEFENDANT, AND NATIONAL CINEMATAPE, INC., A NEW YORK CORPORATION, ET AL., DEFENDANTS-RESPONDENTS AND CROSS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 13, 1975.


Attorney(s) appearing for the Case

Mr. Clyde A. Szuch argued the cause for appellant and cross-respondent (Messrs. Pitney, Hardin & Kipp, attorneys).

Mr. Joel D. Siegal argued the cause for respondents and cross-appellants National Cinematape, Inc., American Cartridge Recording, A Division of National Communication Arts, Inc., Telecor Industries, Inc. and Audiotape, Inc. (Messrs. Hellring, Lindeman & Landau, attorneys).

Mr. Adrian M. Foley, Jr. argued the cause for respondent and cross-appellant United States Tape, Inc. (Messrs. McElroy, Connell, Foley & Geiser, attorneys).

Mr. Robert E. Levy argued the cause for respondent and cross-appellant Diamond Sounds, Inc.

Before Judges COLLESTER, LORA and HANDLER.


The opinion of the court was delivered by HANDLER, J.A.D.

On January 10, 1973 Columbia Broadcasting System (hereinafter plaintiff or CBS) filed a complaint in the Superior Court, Chancery Division, on behalf of itself and other tape and record manufacturers seeking, among other things, an injunction against the corporate and individual defendants for duplicating any recorded performance contained on a tape or record...

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