Overman

“On a Slow Boat to China”, words and music by Frank Loesser, was copyrighted, published, and placed on the market by Susan Publications, Inc., in 1948. It enjoyed a considerable commercial success. Robert E. Overman heard “Slow Boat” and noted what he believed to be a similarity between the Loesser tune and the song “Wonderful You” for which he [Overman] had written the music, and Mrs. Betty Hawes the words, and on which they had received an unpublished copyright in January, 1947. -

Overman obtained an assignment of Miss Hawes’ interest in the composition “Wonderful You” and brought suit against Loesser for an injunction against the publishing of “Slow Boat” and for damages resulting from Loesser’s alleged infringement of Overman’s copyright. Title 17 U.S.C.A. § 101 .

The cause came to trial before the judge without a jury. Overman introduced evidence that he, together with Miss Hawes, had composed “Wonderful You” in the fall of 1946; together they had obtained a copyright thereon in January, 1947; he had met Loesser in January, 1947; Loesser had invited Overman to submit some songs for consideration; Overman had sent a piano arrangement of “Wonderful You” to Loes-ser’s New York…