green
Positive treatment
Quoted verbatim 1×
20.1 score
“if a proposed licensee must pay each artist who has played or sung the composition and who might therefore claim , the licensee may well be discouraged to the point of complete loss of interest.”
Treatment trajectory · 1971 → 2026 · click a year to view as-of
1971
1998
2026
Top citers, strongest first. 21 distinct citers.
How cited ↗
discussed
Cited as authority (verbatim quote)
Jackson v. Roberts
if a proposed licensee must pay each artist who has played or sung the composition and who might therefore claim , the licensee may well be discouraged to the point of complete loss of interest.
discussed
Cited as authority (rule)
Sinco Technologies Pte Ltd. v. Sinco Electronics (Dongguan) Co. Ltd.
That is, they should be used 24 where there is real proof that defendant subjectively and knowingly intended to confuse buyers of 25 a competitive product.”); Fisher v. Deese, 794 F.2d 432, 440 (9th Cir. 1986) (“Under California 26 law, a plaintiff claiming unfair competition must ‘prove a likelihood of confusion by purchasers as 27 to source.’ Yet this confusion must be of a specific kind: the public must be misled into thinking 1 guilty of ‘passing off’ his product as the plaintiff’s.”); cf. Sinatra v. Goodyear Tire & Rubber Co., 2 435 F.2d 711, 714-15 (9th Cir. 1970) (“Dea…
discussed
Cited as authority (rule)
Henley v. DeVore
Oliveira notes the absence of any precedent granting a performer trademark protection for their performances and the resulting reasonable expectation of licensees who wish to use copyrighted works. 251 F.3d at 63 ; cf. Sinatra v. Goodyear Tire & Rubber Co., 435 F.2d 711, 716-18 (9th Cir. 1970) (affirming summary judgment against Nancy Sinatra on her state law “passing-off’ claim where defendants used an imitation of her song because such a claim would impinge on copyrights).
discussed
Cited as authority (rule)
Romantics v. Activision Publishing, Inc.
Wrench LLC v. Taco Bell Corp., 256 F.3d 446, 455 (6th Cir.2001) (“Equivalency exists if [the state law right] may be abridged by an act which in and of itself would infringe one of the exclusive rights [granted by the Copyright Act]”); Sinatra v. Goodyear Tire & Rubber Co., 435 F.2d 711, 716 (9th Cir.1970) (rejecting plaintiffs right of publicity claim based on her purportedly unique sound in performing copyrighted song).
discussed
Cited as authority (rule)
Astrud Oliveira, Also Known as Astrud Gilberto v. Frito-Lay, Inc., Pepsico, Inc., Bbdo Worldwide, Inc., and Omnicom Group, Inc.
Cf. Sinatra v. Goodyear Tire & Rubber Co., 435 F.2d 711, 712 (9th Cir.1970) (rejecting claim by singer Nancy Sinatra that song she sang “has been so popularized by [Sinatra] that her name is identified with it; that she is best known by her connection with the song [and] that said song ... has acquired a secondary meaning” such that another person could not sing it in a commercial).
discussed
Cited as authority (rule)
George Wendt v. Host International, Inc.
Sinatra v. Goodyear Tire & Rubber Co., 435 F.2d 711, 716 (9th Cir.1970). 21 Appellants freely concede that they retain no rights to the characters Norm and Cliff; they argue that the figures, named "Bob" and "Hank," are not related to Paramount's copyright of the creative elements of the characters Norm and Cliff.
cited
Cited as authority (rule)
Wendt v. Host International, Inc.
Sinatra v. Goodyear Tire & Rubber Co., 435 F.2d 711, 716 (9th Cir.1970).
discussed
Cited as authority (rule)
Tom Waits v. Frito-Lay, Inc. Tracy-Locke, Inc.
(2×)
also: Cited "see"
Moreover, courts have recognized false endorsement claims brought by plaintiffs, including celebrities, for the unauthorized imitation of their distinctive attributes, where those attributes amount to an unregistered commercial "trademark." See Dallas Cowboys Cheerleaders, Inc. v. Pussycat Cinema, Ltd., 604 F.2d 200, 205 (2d Cir.1979) (recognizing claim under § 43(a) because uniform worn by star of X-rated movie was confusingly similar to plaintiffs' trademark uniforms, falsely creating impression that plaintiffs "sponsored or otherwise approved the use" of the uniform); Allen v. Men's World …
discussed
Cited as authority (rule)
Waits v. Frito-Lay, Inc.
(2×)
also: Cited "see"
Moreover, courts have recognized false endorsement claims brought by plaintiffs, including celebrities, for the unauthorized imitation of their distinctive attributes, where those attributes amount to an unregistered commercial “trademark.” See Dallas Cowboys Cheerleaders, Inc. v. Pussycat Cinema, Ltd., 604 F.2d 200, 205 (2d Cir.1979) (recognizing claim under § 43(a) because uniform worn by star of X-rated movie was confusingly similar to plaintiffs’ trademark uniforms, falsely creating impression that plaintiffs “sponsored or otherwise approved the use” of the uniform); Allen v. Me…
cited
Cited as authority (rule)
Bette Midler v. Ford Motor Company, a Delaware Corporation, and Young & Rubicam Inc., a New York Corporation
Sinatra v. Goodyear Tire & Rubber Co., 435 F.2d 711, 717-718 (9th Cir.1970), cert. denied, 402 U.S. 906 , 91 S.Ct. 1376 , 28 L.Ed.2d 646 (1971).
discussed
Cited as authority (rule)
Motown Record Corp. v. George A. Hormel & Co.
The Dees court cited a previous Ninth Circuit decision which reasoned that “just as a state could not encroach upon the federal patent laws directly it could not do so indirectly under the guise of enforcing its law against unfair competition where those laws would clash with the federal objectives.” Id. at 440 ; citing, Sinatra v. Goodyear Tire & Rubber Co., 435 F.2d 711, 717 (9th Cir.1970), cert. denied, 402 U.S. 906 , 91 S.Ct. 1376 , 28 L.Ed.2d 646 (1971).
discussed
Cited as authority (rule)
Marvin Fisher D/B/A Marvin Music Company and Jack Segal v. Rick Dees, Atlantic Recording Corporation, Warner Communications, Inc.
(2×)
also: Cited "see"
Sears and Compeo “ma[k]e it very clear that just as a state could not encroach upon the federal patent laws directly it could not do so indirectly under the guise of enforcing its laws against unfair competition where those laws would clash with the federal objectives.” Sinatra v. Goodyear Tire & Rubber Co., 435 F.2d 711, 717 (9th Cir.1970), cert. denied, 402 U.S. 906 , 91 S.Ct. 1376 , 28 L.Ed.2d 646 (1971).
discussed
Cited as authority (rule)
Walt Disney Productions v. The Air Pirates
(2×)
also: Cited "see"
In light of those facts and in light of the rule articulated in Sinatra v. Goodyear Tire & Rubber Co., 435 F.2d 711, 714 (9th Cir. 1970), certiorari denied, 402 U.S. 906 , 91 S.Ct. 1376 , 28 L.Ed.2d 646 , 18 that “in the absence of any other showing” the law of the forum state must be applied, we hold that California law applies and therefore look to it to determine the standards governing plaintiff’s cause of action.
discussed
Cited "see"
Entertainment Research Group, Inc. v. Genesis Creative Group, Inc.
See Sinatra v. Goodyear Tire & Rubber, 435 F.2d 711, 718 (9th Cir.1970). 51 Our belief that the Durham test is the proper approach is furthered by the fact that the principles underlying this test have been followed and approved of by many other courts.
cited
Cited "see"
Entertainment Research Group, Inc. v. Genesis Creative Group, Inc.
See Sinatra v. Goodyear Tire & Rubber, 435 F.2d 711, 718 (9th Cir.1970).
discussed
Cited "see"
National Ass'n of Broadcasters v. Copyright Royalty Tribunal
See Tr. 8/21/80, J.A. 1919-71. .See, e.g., Sinatra v. Goodyear Tire & Rubber Co., 435 F.2d 711 (9th Cir. 1970), cert. denied, 402 U.S. 906 , 91 S.Ct. 1376 , 28 L.Ed.2d 646 (1971); Booth v. Colgate-Palmolive Co., 362 F.Supp. 343 (S.D.N.Y.1973); 1 D.
discussed
Cited "see"
National Association of Broadcasters v. Copyright Royalty Tribunal, Major League Baseball, Motion Picture Association of America, Inc., Christian Broadcasting Network, Inc., Broadcast Music, Inc., Superstation,inc., National Public Radio, Public Broadcasting Service, National Collegiateathleticassociation, Intervenors. National Public Radio v. Copyright Royalty Tribunal, Major League Baseball, Motion Picture Association of America, Inc., Christian Broadcasting Network, Inc., Broadcast Music, Inc., Nationalassociation of Broadcasters, Superstation, Inc., Public Broadcasting Service,national Collegiateathletic Association, Intervenors. Major League Baseball, National Basketball Association, National Hockey League,and North American Soccer League v. Copyright Royalty Tribunal and the United States of America, Motion Picture Association of America, Inc., Christian Broadcasting Network, Inc., Broadcast Music, Inc., National Association of Broadcasters,superstation, Inc., National Public Radio, Public Broadcasting Service,national Collegiate Athleticassociation, Intervenors. Canadian Broadcasting Corporation v. Copyright Royalty Tribunal, Christian Broadcasting Network, Inc., Major League Baseball, Broadcastmusic, Inc., National Association of Broadcasters, Superstation, Inc., Nationalpublic Radio, Public Broadcasting Service, National Collegiate Athleticassociation,intervenors. American Society of Composers, Authors and Publishers v. Copyright Royalty Tribunal, Christian Broadcasting Network, Inc., Major League Baseball, Nationalassociation of Broadcasters, Broadcast Music, Inc., Superstation, Inc., National Public Radio, Public Broadcasting Service, National Collegiateathletic Association,intervenors
See Tr. 8/21/80, J.A. 1919-71 16 See, e.g., Sinatra v. Goodyear Tire & Rubber Co., 435 F.2d 711 (9th Cir. 1970), cert. denied, 402 U.S. 906 , 91 S.Ct. 1376 , 28 L.Ed.2d 646 (1971); Booth v. Colgate-Palmolive Co., 362 F.Supp. 343 (S.D.N.Y.1973); 1 D.
cited
Cited "see"
Booth v. Colgate-Palmolive Company
See Sinatra, supra at 717-718 of 435 F.2d; DeCosta, supra at 320 of 377 F.2d; Comment, The Twilight Zone: Meanderings in the Area of Performers’ Rights, 9 U.C.L.A.
discussed
Cited "see, e.g."
Cindy Garcia v. Google, Inc.
(2×)
The sounds are not ‘fixed.’ What is put forward ... here is more personal than any work of authorship.” Id.; see also Sinatra v. Goodyear Tire & Rubber Co., 435 F.2d 711 (9th Cir.1970).
cited
Cited "see, e.g."
Cindy Garcia v. Google, Inc.
The sounds are not ‘fixed.’ What is put forward . . . here is more personal than any work of authorship.” Id.; see also Sinatra v. Goodyear Tire & Rubber Co., 435 F.2d 711 (9th Cir. 1970).
discussed
Cited "see, e.g."
Cindy Garcia v. Google, Inc.
(2×)
The sounds are not ‘fixed.’ What is put forward ... here is more personal than any work of authorship.” Id.; see also Sinatra v. Goodyear Tire & Rubber Co., 435 F.2d 711 (9th Cir.1970).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Carolyn June STEWART, Defendant-Appellant
v.
Carolyn June STEWART, Defendant-Appellant
29673_1.
Court of Appeals for the Fifth Circuit.
Dec 21, 1970.
435 F.2d 711
A. Cecil Palmour, Cook & Palmour, Summerville, Ga., for defendant-appellant., J. Owen Forrester, Asst. U. S. Atty., John W. Stokes, Jr., U. S. Atty., Atlanta, Ga., for plaintiff-appellee.
Bell, Dyer, Per Curiam, Roney.
Cited by 1 opinion | Published
PER CURIAM:
Appellant was convicted of bank embezzlement, Title 18 U.S.C.A., section 656, and for causing false entries to be made in the records of a bank, Title 18 U.S.C.A., section 1005. The sole issue presented on this appeal is whether she was denied the effective assistance of counsel following closing argument and during the period when the cause was under consideration by the jury.
The facts are that appellant’s employed trial counsel was compelled to depart the trial due to the death of his father. Upon being advised of this turn in events, the court offered to declare a mistrial. Trial counsel determined to go forward through the closing arguments and arranged for the presence of other counsel during the further proceedings. Substitute counsel for appellant was present in the court room at all times during the further proceedings, and no prejudice to her is discernible. The contention of lack of effective counsel thus fails for want of proof.
Affirmed.