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TIN PAN APPLE, INC. v. MILLER BREWING CO., INC.

No. 88 Civ. 4085 (CSH).

737 F.Supp. 826 (1990)

TIN PAN APPLE, INC., Sutra Records, Inc., Fools Prayer Music, Inc., and Mar Morales, Darren Robinson, and Damon Wimbley (together p/k/a the "Fat Boys"), Plaintiffs, v. MILLER BREWING CO., INC., Backer & Spielvogel, Inc. and Joe Piscopo, Defendants.

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

May 14, 1990.

Attorney(s) appearing for the Case

Richards & O'Neil, New York City, for plaintiffs; Jonathan Zavin, of counsel.

Davis & Gilbert, New York City, for defendants; Howard J. Schwartz, Maribel Figueredo, Bruce Ginsberg, of counsel.

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

Plaintiff's amended complaint asserts causes of action for copyright infringement under 17 U.S.C. §§ 101 et seq., false designation of origin and unfair competition under 15 U.S.C. §§ 1114 and 1125(a), and state statutory and common law claims under principles of pendent jurisdiction.

Defendants move under Rule 12(b)(6), F.R.Civ.P., to dismiss the amended complaint for...

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