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SWEET MUSIC, INC. v. MELROSE MUSIC CORP.

Civ. No. 136-60.

189 F.Supp. 655 (1960)

SWEET MUSIC, INC., a California corporation, Plaintiff, v. MELROSE MUSIC CORP., a New York corporation, and Broadcast Music, Inc., a New York corporation, Defendants.

United States District Court S. D. California, Central Division.

December 7, 1960.

Attorney(s) appearing for the Case

Gifford, Wyse, Darby & Franciscus, by Mortimer G. Franciscus, Pasadena, Cal., for plaintiff.

Pasarow & Spiegel, by Irwin O. Spiegel, Hollywood, Cal., for defendant Melrose Music Corp.

Kaplan, Livingston, Goodwin & Berkowitz, by Bayard F. Berman, Beverly Hills, Cal., for defendant Broadcast Music, Inc.

MATHES, District Judge.

Plaintiff seeks damages and injunctive relief for alleged copyright infringement, and a declaratory judgment under 28 U.S.C. § 2201 as to rights and duties, arising out of the renewal copyright of the musical composition "Fight On", the official "fight song" of the University of Southern California.

As to the copyright infringement claim, Federal jurisdiction is asserted under 28 U.S.C. § 1338(a). Diversity jurisdiction is...

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