Vanguard Recording Society, Inc. v. Fantasy Records, Inc.

Plaintiffs Vanguard Recording Society, Inc., Vanguard Record Sales Corp., (hereafter collectively referred to as “Vanguard”) and Joan Baez, brought suit against Fantasy Records, Inc.; Richard Tognazzini; and Max Weiss, Milton Weiss and S. S. Weiss, individually and doing business as Circle Record Company, to obtain damages and an accounting. The gist of the complaint was that defendants, in knowing violation of certain exclusive recording contracts between plaintiffs Vanguard and plaintiff Baez, had produced and distributed a poor quality and tasteless record of an early performance by Baez. Plaintiffs alleged that defendants’ conduct had damaged Baez’ reputation and had impaired the value of her recording contract with Vanguard. It was further alleged that Vanguard had been compelled to incur substantial attorney’s fees in order to enjoin and restrain sales of defendants’ record. Plaintiffs sought damages and an accounting of defendants’ profits from the sale of the record.

Defendants, by way of answer, admitted the production and distribution of the Baez record, but denied that plaintiffs were entitled to damages or an accounting. Defendants affirmatively alleged that…