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POSITIVE BLACK TALK INC. v. CASH MONEY RECORDS

Nos. 03-30625, 03-30702.

394 F.3d 357 (2004)

POSITIVE BLACK TALK INC., doing business as Take Fo' Records, doing business as Take Fo' Publishing, Plaintiff-Counter Defendant-Appellant, v. CASH MONEY RECORDS INC.; et al., Defendants, Cash Money Records Inc.; Terius Gray, also known as Juvenile, Defendants-Counter Claimants-Appellees, and UMG Recordings Inc., Universal Records Inc. merged into UMG Recordings Inc.; Universal Music and Video Distribution Corp.; Defendants-Appellees. Positive Black Talk Inc., doing business as Take Fo' Records, doing business as Take Fo' Publishing, Plaintiff-Appellee, v. Cash Money Records Inc.; et al., Defendants, Cash Money Records Inc.; UMG Recording Inc., Universal Records, Inc.; Universal Music and Video Distribution Corp.; Terius Gray, also known as Juvenile, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 17, 2004.

Attorney(s) appearing for the Case

Nathan T. Gisclair, Jr. (argued), Jeffrey Scott Loeb, Eugene Joseph Radcliff, Montgomery, Barnett, Brown, Read, Hammond & Mintz, New Orleans, LA, for Plaintiff-Counter Defendant-Appellant.

Bruce Victor Schewe (argued), J. Michael Monahan, II, Phelps Dunbar, New Orleans, LA, for Defendants-Counter Claimants-Appellees.

Thomas K. Potter, III (argued), Gregory D. Latham, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, LA, for Defendants-Appellees.

Before KING, Chief Judge, and SMITH and GARZA, Circuit Judges.

KING, Chief Judge:

This appeal arises out of a dispute concerning the popular rap song Back That Azz Up. Plaintiff-Appellant Positive Black Talk, Inc. filed this lawsuit against three defendants, alleging, inter alia, violations of the United States copyright laws. The defendants counterclaimed under the copyright laws, the Louisiana Unfair Trade Practices Act, and theories of negligent misrepresentation. After a jury trial, the district court entered judgment...

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