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CHERRY RIVER MUSIC CO. v. SIMITAR ENTERTAINMENT

No. 99 Civ. 1127(LAK).

38 F.Supp.2d 310 (1999)

CHERRY RIVER MUSIC CO., a division of Cherry Lane Music Publishing Company, Inc. and Stephanie Music, a division of Titan Sports, Inc., Plaintiffs, v. SIMITAR ENTERTAINMENT, INC., John Does 1-500, and XYZ Corps. 1-500, Defendants,

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

March 9, 1999.

Attorney(s) appearing for the Case

Tom J. Ferber, Lisa M. Buckley, Hara K. Jacobs, Pryor Cashman Sherman & Flynn, LLP, New York City, for Plaintiffs.

Jonathan D. Reichman, Dana R. Kaplan, Sari B. Granat, Kenyon & Kenyon, New York City, for Defendants.

OPINION

KAPLAN, District Judge.

In December 1998, plaintiffs, a music publisher and the owner of the World Wrestling Foundation ("WWF"), brought out a compact disk entitled WWF—The Music, Volume 3 which contains the "entrance themes" of fourteen WWF wrestlers, the copyrights of which all are owned by the plaintiffs. The disk has been quite successful, having shipped a million and sold over 500,000 copies by mid-February.

In late January...

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