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Gotham Music Service v. Denton & Haskins Music Publishing Co.

259 N.Y. 86, 181 N.E. 57 (1932)

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Gotham Music Service v. Denton & Haskins Music Publishing Co.

New York Court of Appeals
259 N.Y. 86, 181 N.E. 57 (1932)

SH

Facts

Gotham Music Service (plaintiff) revived an old, public domain song originally known as “Gambler’s Blues” under the new title “St. James’ Infirmary.” Through extensive advertising efforts to sell the old composition under this new name, Gotham succeeded in making the song popular once again. Shortly thereafter, Denton & Haskins Music Publishing Co. (defendant) released the same song under the title “St. James’ Infirmary or Gambler’s Blues,” the intent being to link both titles under one name so a customer requesting either might be supplied. In an action for unfair competition, Gotham obtained an injunction against the use of “St. James’ Infirmary” in Denton’s title. Denton appealed.

Rule of Law

Issue

Holding and Reasoning (Pound, J.)

Dissent (Crane, J.)

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