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ANHEUSER-BUSCH, INC. v. ELSMERE MUSIC, INC.

No. 85 Civ. 8494.

633 F.Supp. 487 (1986)

ANHEUSER-BUSCH, INCORPORATED, Plaintiff, v. ELSMERE MUSIC, INC. and Steve Karmen, Defendants.

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

April 17, 1986.

Attorney(s) appearing for the Case

Skadden, Arps, Slate, Meagher & Flom, New York City; Kenneth A. Plevan, of counsel; Abeles Clark & Osterberg, New York City, for plaintiff; Robert T. Osterberg, of counsel.

Hawkins, Delafield & Wood, New York City, for defendants; Philip R. Forlenza, Terence J. Hines, Michael L. Ward, of counsel.

LUMBARD, Circuit Judge:*

The lyric "For All You Do, This Bud's For You" and the accompanying music is a familiar refrain to the American public through myriad Budweiser beer television and radio commercials. Steve Karmen, a renowned jingle-writer, composed the original Budweiser music, for different lyrics, in 1970 and, later that year, Karmen's corporation, Elsmere Music, Inc. ("Elsmere") entered into an agreement with Anheuser-Busch...

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