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MARCY PLAYGROUND, INC. v. CAPITOL RECORDS, INC.

No. 98 CIV. 2853 LAK.

6 F.Supp.2d 277 (1998)

MARCY PLAYGROUND, INC., et al., Plaintiffs, v. CAPITOL RECORDS, INC., et al., Defendants.

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

July 13, 1998.

Attorney(s) appearing for the Case

Peter Herbert, Russell Beck, Epstein, Becker & Green, P.C., New York City, for Plaintiffs.

Christine Lepera, Howard H. Weller, Jeannie Costello, Gold, Farrell & Marks, New York City, for Defendants John Wozniak, Dylan Keefe, Dan Rieser and Chris Blake.

Richard S. Mandel, Jonathan Z. King, Cowan, Liebowitz & Latman, P.C., New York City, for Defendants Capitol Records, Inc. and EMI Records, Inc.

MEMORANDUM OPINION

KAPLAN, District Judge.

Plaintiffs here seek to enjoin the continued distribution of the hit album entitled Marcy Playground and the "single" entitled Sex and Candy on the theory that these recordings have been released without crediting the plaintiffs for their alleged contributions as producers and therefore violate the Lanham Act and plaintiffs' contractual rights. The...

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