EMI CATALOGUE v. HILL, HOLLIDAY, CONNORS, ETC.

No. 99-7922.

228 F.3d 56 (2000)

EMI CATALOGUE PARTNERSHIP and EMI Robbins Catalog Inc., Plaintiffs-Appellants, v. HILL, HOLLIDAY, CONNORS, COSMOPULOS INC. and Spalding Sports Worldwide, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: September 15, 2000.


Attorney(s) appearing for the Case

Brendan J. O'Rourke, New York, New York (Charles B. Ortner, William M. Hart, Frank P. Scibilia, Proskauer Rose LLP, New York, New York, of counsel), for Plaintiffs-Appellants.

Marcia B. Paul, New York, New York (Lisa S. Hughes, Kay Collyer & Boose LLP, New York, New York, of counsel), for Defendants-Appellees.

Before: CARDAMONE, STRAUB, Circuit Judges, and CARMAN, Judge.


CARDAMONE, Circuit Judge:

At the heart of the litigation before us on this appeal is a jazz tune popularized by the well-known swing clarinetist Benny Goodman. The song entitled "Sing, Sing, Sing (With a Swing)" is one of the most recognizable from the height of the swing era in the 1930s. A 1999 poll of National Public Radio listeners named it one of the 100 most important musical works of the 20th century. In the instant trademark suit, plaintiffs, the current holders...

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