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ESSEX MUSIC v. ABKCO MUSIC AND RECORDS

No. 90 CIV 1768 (LBS).

743 F.Supp. 237 (1990)

ESSEX MUSIC, INC., Plaintiff, v. ABKCO MUSIC AND RECORDS, INC., doing business as Abkco Records, a division thereof, and Allen B. Klein, Defendants.

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

August 1, 1990.

Attorney(s) appearing for the Case

Abeles Clark and Osterberg, New York City (Robert C. Osterberg, of counsel), for plaintiff.

Pryor, Cashman, Sherman & Flynn, New York City (Donald S. Zakarin, Tina C. Kremenezky, of counsel), for defendants.

OPINION

SAND, District Judge.

A company claiming to be the licensee of exclusive rights under the copyright to a popular song sues a company claiming to be the owner of the copyright for copyright infringement and violations of the Lanham Act. The alleged licensee moves to strike four of the alleged owner's affirmative defenses, for summary judgment as to liability on the copyright claims, and for a permanent injunction, or in the alternative, a preliminary...

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