SUN TRADING DISTRIBUTING CO. v. EVIDENCE MUSIC, INC.

No. 96 Civ. 4997(DC).

980 F.Supp. 722 (1997)

SUN TRADING DISTRIBUTING CO., INC. d/b/a Landmark Records and Muse Records, a Division of Blanchris, Inc., Plaintiff, v. EVIDENCE MUSIC, INC., d/b/a Evidence Records, and Kenwood Electronics Corp., Defendants.

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

October 14, 1997.


Attorney(s) appearing for the Case

Mitchel S. Sundel, New York City, for plaintiff.

Christopher R. Whent, New York City, for defendant Evidence Music, Inc. d/b/a Evidence Records.

Pillsbury Madison & Sutro LLP by Raymond L. Sweigart, New York City, for defendant Kenwood Electronics Corp. and Kenwood USA Corporation.


MEMORANDUM DECISION

CHIN, District Judge.

Plaintiff brings this action pursuant to § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), and New York State common law, seeking damages and injunctive relief for defendants' alleged unfair competition arising out of their exploitation of sound recordings by three jazz artists. Defendants move to dismiss on the ground that plaintiff fails to state a claim upon which relief can be granted, or, in the alternative...

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