Sturkie
Jackson v. Sturkie
Opinion
Opinion
Walker, J.
ORDER
In 1977, plaintiff composed a song, entitled “Cross in the Middle,” the copyright to which he registered in 1989. In 1996, plaintiff became aware that defendant Doc McKenzie had recorded and was performing a song called “Man in the Middle,” which plaintiff believed infringed his copyright to “Cross in the Middle.” Id.
Based on this alleged infringement, plaintiff commenced this action against the record label that produced “Man in the Middle” and its manager for copyright infringement, pursuant to 17 USC § 101 et seq, false designation of origin, pursuant to 15 USC § 1125 (a), and unfair and deceptive business practices under California’s Unfair Competition Law (UCL), pursuant to Cal Bus & Prof § 17200 et seq. See Compl (Doc # 1).
An amended complaint (FAC) was filed on September 12, 1997, naming Doc McKenzie and Benny Hill as additional defendants. See Doc # 39. Plaintiff subsequently agreed to a settlement resolving his claims against Stephen Sturkie, individually and dba First Lite Records; and a consent decree was entered on May 11, 1998. See Doc # 51. On December 3, 1999, defendant Hill was voluntarily dismissed. See Doc # 73.