Nancy Sinatra v. The Goodyear Tire & Rubber Co., an Ohio Corporation, Young & Rubicam, Inc., Anew York Corporation

This is an appeal brought by Nancy Sinatra from a summary judgment entered against her in favor of appellees, on her complaint against Goodyear Tire and Rubber Company based upon unfair competition, on the ground that there was no genuine issue as to a material fact. The district court’s jurisdiction was founded on diversity of citizenship. 28 U.S.C. § 1332 . This court has jurisdiction under 28 U.S.C. § 1291 .

Plaintiff-appellant is a professional entertainer. She had made a recording of a song entitled “These Boots Are Made For Walkin’ ” which had become popular. The music, lyrics and arrangement of this composition had been copyrighted with Criterion Music as the copyright proprietor.

The defendants Goodyear Tire and Rubber Company, a corporation, and Young and Rubicam, Inc., an advertising agency, conceived the idea of coining the phrase “wide boots” as a descriptive term for tires manufactured by defendant Goodyear. As part of a widespread advertising campaign based upon this “wide boots” theme, the defendants produced and exhibited six radio and television commercials centered around a musical background using the music and revised lyrics from “These Boots Are Made For…