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Advance Music Corp. v. American Tobacco Co.

New York Court of Appeals

70 N.E.2d 401 (1946)

Facts

Advance Music Corporation (Advance) (plaintiff) was a musical-composition publishing company that sold sheet music. Advance spent a lot of money on advertising to assure that its music was among the most popular music to the public. American Tobacco Company (American) (defendant) hosted a popular weekly radio show during which it played the top 10 songs of the week based on popularity with the public. The show had millions of listeners. American regularly passed over Advance’s songs even though Advance regularly had the top songs of the week. Advance brought suit against American. American moved to dismiss the complaint for insufficient claims.

Rule of Law

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Issue

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Holding and Reasoning (Loughran, C.J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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