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KINGSMEN v. K-TEL INTERN. LTD.

No. 82 CIV 7835 (LBS).

557 F.Supp. 178 (1983)

The KINGSMEN, an unincorporated business association consisting of Lynn Easton, Michael Mitchell, Norman Sundholm, Richard Peterson, and Barry R. Curtis, Plaintiffs, v. K-TEL INTERNATIONAL LTD., K-Tel International, Inc., S.J. Productions, Inc., Stanley Shulman, Dominion Music Corporation, ERA Records Inc., Key Seven Music, Inc., Defendants.

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

January 4, 1983.

Attorney(s) appearing for the Case

Felfe & Lynch, Richard E. Bennett, New York City, for plaintiffs.

Robert W. Cinque, P.C., New York City, for defendants.

OPINION

SAND, District Judge.

The plaintiffs in this action are a group of musicians who claim ownership of the name "The Kingsmen," a popular band of the 1960's. They seek to restrain the defendants, several music production and record companies, from selling or distributing a long-playing album entitled "60's Dance Party," which contains a selection that purports to be a "re-recording" by the original Kingsmen of probably their most popular hit, "Louie...

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