Robert Recker Co. v. Windsor Music Co.

U.S. Circuit Court for the District of Southern New York

Robert Recker Co. v. Windsor Music Co.

114 F. 1024, 1902 U.S. App. LEXIS 4915

U.S. Circuit Court for the District of Southern New York·Decided February 24, 1902·Published

Opinion

LAOOMBE, Circuit Judge.

Tbe bars in defendant’s eborus which it is contended were taken from complainant’s constitute so small a portion of tbe complete song and chorus that a preliminary injunction against the entire musical composition of defendant should not be granted, especially in view of the total dissimilarity of words and title and the delay in making this application. What measure of relief, if any, complainant may be entitled to touching these two or three bars may be best determined at final hearing, when the question of originality may be more fully inquired into and the respective equities of the parties better ascertained.

Free access — add to your briefcase to read the full text and ask questions with AI

LAOOMBE, Circuit Judge.

Tbe bars in defendant’s eborus which it is contended were taken from complainant’s constitute so small a portion of tbe complete song and chorus that a preliminary injunction against the entire musical composition of defendant should not be granted, especially in view of the total dissimilarity of words and title and the delay in making this application. What measure of relief, if any, complainant may be entitled to touching these two or three bars may be best determined at final hearing, when the question of originality may be more fully inquired into and the respective equities of the parties better ascertained.

Robert Recker Co. v. Windsor Music Co., 114 F. 1024, 1902 U.S. App. LEXIS 4915 (circtsdny 1902).

Pincite

114 F. 1024 (Robert Recker Co. v. Windsor Music Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.