Flo & Eddie Inc., individually and on behalf of all others similarly situated v. Sirius XM Radio Inc., and Does 1 through 100
Published: Jul. 18, 2015 | Result Date: Jun. 22, 2015 | Filing Date: Jan. 1, 1900 |Case number: 2:13-cv-05693 Summary Judgment – Defense
Court
USDC Florida
Attorneys
Plaintiff
Henry D. Gradstein
(King, Holmes, Paterno & Soriano LLP)
Harvey W. Geller
(Carlton Fields LLP)
Maryann R. Marzano
(Gradstein & Marzano PC)
Defendant
Christopher J. Cox
(Hogan Lovells US LLP)
Benjamin E. Marks
(Weil, Gotshal & Manges LLP)
Facts
Flo & Eddie Inc., individually and on behalf of all others similarly situated sued Sirius XM Radio Inc.
Contentions
PLAINTIFFS' CONTENTIONS:
Former members of the band the Turtles filed a purported class action against satellite radio provider Sirius XM Radio Inc. for broadcasting their 1967 hit song "Happy Together," and other songs, without permission. They asserted claims for copyright infringement, unfair competition, conversion and civil theft.
Result
The court found that Sirius XM did not infringe any of the asserted copyrights and granted its motion for summary judgment.
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