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By ALM Staff | Law Journal Newsletters |
April 27, 2007

Copyright Infringement/Res Judicata

The U.S. District Court for the Southern District of New York decided that res judicata barred a copyright-infringement suit by relatives of the late Cab Calloway over his grandson's sale of audio and video recordings of the famous jazz entertainer. Creative Arts by Calloway LLC v. Brooks, 05-CV-8638 RO. Calloway's grandson Christopher Brooks founded and performs with The Cab Calloway Orchestra. Creative Arts by Calloway had previously sued Brooks in 2001 for service-mark infringement and dilution, unfair competition and unfair-business practices. Both the district court and U.S. Court of Appeals for the Second Circuit sided with Brooks.

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