Bi-Rite Enterprises, Inc. v. Bruce Miner Co.

757 F.2d 440 (1985)

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Bi-Rite Enterprises, Inc. v. Bruce Miner Co.

United States Court of Appeals for the First Circuit
757 F.2d 440 (1985)

Facts

Bi-Rite Enterprises, Inc., an Illinois corporation, and Artemis Inc. (plaintiffs), a Connecticut corporation, were manufacturers and distributors of posters depicting British popular-music performers from whom each held exclusive licenses. Members of the British popular-music groups Judas Priest, Duran Duran, and Iron Maidan (plaintiffs), all of whom were domiciled in Great Britain, had licensed commercial exploitation of their name and likenesses to Bi-Rite and Artemis through their Georgia-based merchandising representative. Bruce Miner and Bruce Miner Co., Inc. (Bruce Miner) (defendants), a Massachusetts corporation, distributed posters of popular-music performers from whom it did not hold licenses. Bi-Rite, Artemis, and the popular-music groups brought suit against Bruce Miner to enjoin its distribution of posters depicting performers from whom Bi-Rite and Artemis held an exclusive license for posters, including the popular-music groups. The district court applied the law of the residence of the exclusive licensees’ and merchandising representatives’ respective states in granting the injunction. Bruce Miner appealed.

Rule of Law

Issue

Holding and Reasoning (Weigel, J.)

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