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BOURNE CO. v. TOWER RECORDS, INC.

No. 2143, Docket 92-7701.

976 F.2d 99 (1992)

BOURNE CO., Plaintiff-Appellee, v. TOWER RECORDS, INC., Barnes & Noble Bookstores Inc., Record Explosion, Inc., Blockbuster Entertainment Corp., RKO Warner Video, Inc., Does #1-#100, Defendants, The Walt Disney Company and Buena Vista Home Video, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 29, 1992.

Attorney(s) appearing for the Case

Sanford M. Litvack, The Walt Disney Co. (Peter Herbert, Richard S. Mandel, Alasdair J. McMullan, Cowan, Liebowitz & Latman, New York City, of counsel), for defendants-appellants.

Jay Gordon, New York City (Janet P. Kane, Theodore C. Max, Robert N. Fass, Shelley Moroff, Phillips, Nizer, Benjamin, Krim & Ballon, of counsel), for plaintiff-appellee.

Before WINTER, MINER and McLAUGHLIN, Circuit Judges.

WINTER, Circuit Judge.

Walt Disney Company ("Disney") and Buena Vista Home Video appeal from a preliminary injunction issued by Judge Stanton, barring their use of songs from the movie "Pinocchio" ("the songs") on videocassette trailer advertisements. Because the district court gave insufficient weight to Bourne Co.'s delay in seeking relief and mistakenly considered the challenged use "new", we reverse.

In 1939, Disney entered into an agreement with Bourne...

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