11/13/2022 0 Comments Boosey and hawkes![]() ![]() Under the circumstances, did the defendant licensee infringe plaintiff assignee’s rights over the musical composition?.Plaintiff assignee cross-appealed from the dismissal of its infringement and contract claims. The court granted partial summary judgment to defendant licensee, dismissing plaintiff assignee’s claims for breach of contract and violation of § 43(a) of the Lanham Act, 15 U.S.C. The district court granted partial summary judgment to plaintiff assignee, declaring that defendant licensee’s video format release was not authorized by the license agreement. Plaintiff assignee also sued for breach of contract. § 1125(a), alleging that defendant licensee’s foreign distribution in video cassette and laser disc format of the film featuring the musical composition infringed its rights. Boosey & Hawkes Music Publishers Ltd., the assignee of the musical composition (“Plaintiff assignee”) brought an action under the Lanham Act, 15 U.S.C.S. In 1991, defendant licensee released a movie in video format which contained the composition. In 1939, Walt Disney Company (“defendant licensee”) obtained a license for the right to use a musical composition in a motion picture. In order for a Lanham Act plaintiff to receive an award of damages the plaintiff must prove either actual consumer confusion or deception resulting from the violation, or that the defendant's actions were intentionally deceptive thus giving rise to a rebuttable presumption of consumer confusion. ![]()
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