Broadcast Music, Inc. v. The United States Shoe Corporation

678 F.2d 816 217 U.S.P.Q. 224 , 1982 Copr.L.Dec. P 25,410 BROADCAST MUSIC, INC., Plaintiff-Appellee, v. The UNITED STATES SHOE CORPORATION, a corporation of Ohio, and U. S. Specialty Retailing, Inc., a corporation of Ohio, doing business as Casual Corner, Defendants-Appellants. No. 81-5162. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 1, 1982. Decided June 2, 1982. 1 R. O. Klausmeyer, Frost & Jacobs, Cincinnati, Ohio, for defendants-appellants. 2 Peter C. Smoot, Beverly Hills, Cal., argued, for plaintiff-appellee; Kaplan, Livingston, Goodwin, Berkowitz & Selvin, Beverly Hills, Cal., on brief. 3 Appeal from the United States District Court for the Central District of California. 4 Before GOODWIN and TANG, Circuit Judges, and SOLOMON, * Senior District Judge. SOLOMON, District Judge: 5 This is an appeal from a grant of summary judgment against appellants (Casual Corner) for infringement of public performance rights belonging to Broadcast Music, Inc. (BMI). 6 Appellants operate a chain of more than 600 women's retail apparel stores under the name Casual Corner. In many of their stores, regular radio broadcasts were played to the public through the…