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BI-RITE ENTERPRISES, INC. v. BUTTON MASTER

No. 81-Civ.-5642(ADS).

555 F.Supp. 1188 (1983)

BI-RITE ENTERPRISES, INC.; Pat Benatar; Neil Young; Rob Halford, K.K. Downing, Ian Hill, Glen Tipton and Dave Holland, Individually and as Members of the Musical Group Judas Priest; Bruce Crump, Banner Thomas, Duane Foland, Dave Hlubeck, Steve Holland and Jimmy Farrer, Individually and as Members of the Musical Group Molly Hatchet; Robert Casale, Gerald V. Casale, Merk Baugh, Robert Baugh and Alan Myers, Individually and as Members of the Musical Group Devo; Tommy Shaw, John Panozzo, James Young, Dennis De Young and Chuck Panozzo, Individually and as Members of the Musical Group Styx; Paul Di'anno, Steve Harris, Clive Burr, Dave Murray and Adrian Smith, Individually and as Members of the Musical Group, Iron Maiden; and all Other Persons Similarly Situated, Plaintiffs, v. BUTTON MASTER; Button-Up; Kraft Werk Co.; S.S.H. Enterprises, Ltd.; Little Island Marketing Ltd.; Harold Kaplan; Doug Blunden; Frank Mack; Luney Tunes Records and Tapes, Inc.; Phil Ceccola; Luney Tunes, Inc. and Barry Clark, Defendants.

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

January 14, 1983.

Attorney(s) appearing for the Case

Jules D. Zalon by Jules D. Zalon and David O'Driscoll, New York City, for plaintiffs.

Basile, Weintraub & Hanlon by Arnold Weintraub and Thomas E. Anderson, Troy, Mich., for defendants Button-Up Co. and Doug Blunden.

Leslie C. Schefman by Morris S. Friedman, Detroit, Mich., for defendants Kraft Werk and Harold Kaplan.

OPINION AND ORDER

SOFAER, District Judge:

The plaintiffs in this case raise an array of claims aimed at protecting the commercial value of well-known trademarks on buttons. In recent years a major market has developed for the sale of novelty items bearing the likenesses, logos, trademarks, service marks and names (hereinafter the "marks") of popular recording artists. See generally McCarthy, Important Trends in Trademark & Unfair Competition...

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