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RICH v. RCA CORPORATION

No. 74 Civ. 5232-LFM.

390 F.Supp. 530 (1975)

Charlie RICH and CBS Inc., Plaintiffs, v. RCA CORPORATION, Defendant.

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

March 11, 1975.

Attorney(s) appearing for the Case

Seymour Rosenberg, Memphis, Tenn., W. Mallory Rintoul and Ronald E. Guttman, New York City, for plaintiffs.

Kaye, Scholer, Fierman, Hays & Handler, New York City, for defendant; David Goldberg, William M. Borchard, Guy M. Blynn and Denise Carty-Bennia, New York City, of counsel.

OPINION

MacMAHON, District Judge.

Plaintiffs, Charlie Rich and CBS Inc., seek a preliminary injunction enjoining RCA Corporation from using the current photograph or likeness of Rich on the jacket of a recently released phonograph record1 entitled "Charlie Rich—She Called Me Baby," containing authentic songs recorded by Rich some ten to fourteen years ago. Plaintiffs claim that defendant's use of Rich's current likeness...

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