· 3/23/1973
Stratchborneo v. Arc Music Corp.
Citations
- 357 F. Supp. 1393
- 179 U.S.P.Q. (BNA) 403
- 1973 U.S. Dist. LEXIS 14358
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that copying that is small or common must be “especially unique or qualitatively important”
- the similarities must be “so striking and of such nature as to preclude the possibility of coincidence, accident or independent creation.”
- phrase “MOJO” is “so commonplace as to be substantially within the public domain”
- “[S]ubstantial similarity cannot be established . . . simply by showing that both . . . songs focus on [a particular] idea; [the plaintiff] to prevail must establish that the [defendants], in a material way, tracked his . . . treatment of that idea.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Brieant
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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