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Keywords

tortplaintiffdamagesinjunctioncopyright
plaintiffcopyrightappellant

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Sinatra v. Goodyear Tire & Rubber Co., 435 F.2d 711, 168 U.S.P.Q. 12

Facts

Nancy Sinatra, a professional entertainer, recorded the popular song 'These Boots Are Made For Walkin' which was copyrighted. Goodyear Tire and Rubber Company, along with their advertising agency Young and Rubicam, created commercials using music and revised lyrics from Sinatra's song, featuring a singer whose voice imitated Sinatra's. Sinatra claimed that this was done to mislead the public into believing she was involved in the commercials, and she sought damages and an injunction against further use of the commercials.

Plaintiff-appellant is a professional entertainer. She had made a recording of a song entitled ‘These Boots Are Made For Walkin“ which had become popular. The music, lyrics and arrangement of this composition had been copyrighted with Criterion Music as the copyright proprietor.

Issue

Did Goodyear's use of music and lyrics from Sinatra's song in their commercials constitute unfair competition under California law?

Did Goodyear's use of music and lyrics from Sinatra's song in their commercials constitute unfair competition under California law?

Rule

Under California law, unfair competition includes unlawful, unfair, or fraudulent business practices and misleading advertising. The tort of passing-off involves making false representations to the public that could lead them to believe that the goods or services of another are those of the plaintiff.

Under the laws of California unfair competition is defined by code. As thus defined, unfair competition shall mean and include ‘unlawful, unfair or fraudulent business practice and unfair, untrue or misleading advertising * * *.’

Analysis

The court analyzed whether Goodyear's actions constituted passing-off. It found that the commercials did not mislead the public into thinking they were produced by Sinatra, as there was no direct representation of her involvement. The court emphasized that imitation alone does not give rise to a cause of action for unfair competition, and since Goodyear had obtained a license to use the song, they were within their rights to use it in their advertising.

The court analyzed whether Goodyear's actions constituted passing-off. It found that the commercials did not mislead the public into thinking they were produced by Sinatra, as there was no direct representation of her involvement.

Conclusion

The court affirmed the district court's judgment in favor of Goodyear, concluding that there was no unfair competition as defined by California law.

The court affirmed the district court's judgment in favor of Goodyear, concluding that there was no unfair competition as defined by California law.

Who won?

Goodyear Tire and Rubber Company prevailed in the case because the court found that their use of the song did not constitute unfair competition and that they had the necessary rights to use the copyrighted material.

Goodyear Tire and Rubber Company prevailed in the case because the court found that their use of the song did not constitute unfair competition and that they had the necessary rights to use the copyrighted material.

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