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POPOVICH v. SONY MUSIC ENTERTAINMENT, INC.

Nos. 06-3463, 06-3464.

508 F.3d 348 (2007)

Stephen POPOVICH, also known as Cleveland International Records, successor-in-interest to the recording label Cleveland Entertainment Co., Inc., Plaintiff-Appellee/Cross-Appellant, v. SONY MUSIC ENTERTAINMENT, INC., Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 21, 2007.

Attorney(s) appearing for the Case

ARGUED: Paul G. Gardephe, Patterson, Belknap, Webb & Tyler, New York, New York, for Defendant. David Blakeslee Webster, Webster & Dubyak, Co., Cleveland, Ohio, for Plaintiff. ON BRIEF: Paul G. Gardephe, Patterson, Belknap, Webb & Tyler, New York, New York, for Defendant. David Blakeslee Webster, Webster & Dubyak, Co., Cleveland, Ohio, for Plaintiff.

Before: MARTIN, GUY, and CLAY, Circuit Judges.

MARTIN, J., delivered the opinion of the court, in which CLAY, J., joined. GUY, J. (pp. 362-66), delivered a separate dissenting opinion.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

A jury awarded Stephen Popovich over five million dollars on his claim that Sony Music Entertainment, Inc., breached its duty to affix Popovich's record company logo to four Meat Loaf albums. On appeal, Sony argues that the damages award was barred as a matter of law...

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