BENSON v. COCA-COLA CO.

No. 85-5745. Non-Argument Calendar.

795 F.2d 973 (1986)

John J. BENSON, Plaintiff-Appellant, v. The COCA-COLA COMPANY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied September 12, 1986.


Attorney(s) appearing for the Case

Joseph Zallen, Ft. Lauderdale, Fla., for plaintiff-appellant.

Phillip A. Allen, III, Mershon, Sawyer, Johnston, Dunwody & Cole, William J. Dunaj, Miami, Fla., Robert C. Osterberg, Abeles, Clark & Osterberg, New York City, for defendant-appellee.

Before FAY, JOHNSON and CLARK, Circuit Judges.


Rehearing and Rehearing En Banc Denied September 12, 1986.

PER CURIAM:

Appellant-plaintiff John J. Benson appeals from the district court's grant of directed verdict for appellee-defendant Coca-Cola Company. Appellant, an amateur songwriter, alleged that appellee's commercial advertising had infringed his copyright of the song "Don't Cha Know." Appellant began composing the song in 1929, finished it in 1960 and obtained a copyright that year. For the next...

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