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plaintiffdefendantdamagesinjunctionmotioncorporationmotion to dismiss
plaintiffdefendantequityappealmotionwillmotion to dismiss

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Remick Music Corporation v. American Tobacco Co., 57 F.Supp. 475, 63 U.S.P.Q. 9

Facts

Remick Music Corporation, a subsidiary of Warner Brothers and a major sheet music publisher, alleged that American Tobacco Company, through its radio program 'Your Hit Parade,' engaged in unfair competition by misrepresenting the popularity of songs. The plaintiff claimed that their popular songs were either improperly ranked or omitted from the program, which adversely affected their business. The complaint included three causes of action, with the first seeking an injunction against the defendants' advertising practices, while the latter two sought damages for the alleged wrongs.

Plaintiff a subsidiary of Warner Brothers, and one of the country's largest publishers of sheet music, specializes in songs and musical compositions that have mass appeal, and two of its currently popular songs are entitled, respectively, ‘It Had To Be You,‘ and ‘Time Waits For No One.'

Issue

The main legal issue was whether the plaintiff's complaint sufficiently stated a cause of action for unfair competition against the defendants.

The first to be considered will be that of defendant which asks for a dismissal of the complaint.

Rule

The court applied principles of unfair competition, noting that a party can be liable for making untrue or deceptive statements that disparage another's property, even if there is no direct competition between the parties.

While, so far as products are concerned, there is a wide difference between the lines of merchandise that plaintiff and defendants afford the public, and no direct competition between them, the activities of American Tobacco Company can and allegedly do affect the trade of plaintiffs.

Analysis

The court analyzed the plaintiff's claims in light of the defendants' actions and the potential impact on the plaintiff's business. It noted that while the defendants did not directly disparage the plaintiff's songs, their misrepresentation of song popularity could have a damaging effect on the plaintiff's reputation and sales. However, the court ultimately found that the plaintiff's allegations did not meet the legal standards required to proceed with the case.

If a man is to be throttled, it is of no consequence to him whether the assassin's medium be a silken cord or a pair of powerfully muscular hands.

Conclusion

The court concluded by granting the defendants' motion to dismiss the complaint, stating that the plaintiff's claims were insufficient to establish a cause of action for unfair competition.

Motion for dismissal of complaint granted and other motions denied.

Who won?

American Tobacco Company prevailed in the case because the court found that the plaintiff's complaint did not adequately support the claims of unfair competition.

Defendants' motion to dismiss the complaint is based upon the following grounds— (1) That equity will not enjoin the publication of a trade slander; and (2) That technically, the complaint is without adequate averments to support the relief sought.

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