ELSMERE MUSIC, INC. v. NATIONAL BROADCASTING CO.

No. 79 Civ. 0620(GLG).

482 F.Supp. 741 (1980)

ELSMERE MUSIC, INC., Plaintiff, v. NATIONAL BROADCASTING COMPANY, INC., Defendant.

United States District Court, S. D. New York.

January 9, 1980.


Attorney(s) appearing for the Case

Siegert & Miller, New York City, for plaintiff; Paul W. Siegert, New York City, of counsel.

Coudert Brothers, New York City, for defendant; Carleton G. Eldridge, Jr., Pamela G. Ostrager, R. David Jacobs, New York City, of counsel.


OPINION

GOETTEL, District Judge:

In the dark days of 1977, when the City of New York teetered on the brink of bankruptcy and its name had become synonymous with sin, there came forth upon the land a message of hope. On the television screens of America there appeared the image of a top-hatted Broadway showgirl, backed by an advancing phalanx of dancers, chanting:

"I-I-I-I-I-I Love New Yo-o-o-o-o-o-rk!"

Repeated again and again (to musical...

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