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Country Artists Accused of Copying
Highest Court M.D. Tennessee
Year Ended 2009
Plaintiffs Artist(s)
Defendants Curb Records
Gallimore, Byron
McGraw, Tim
Music Publisher(s)
Stroud, James
Wiseman, Craig
Other No Other parties on file
Short Description Plaintiff was the composer of a song entitled "Anytime, Anywhere, Amanda," inspired by his friendship with a former Miss Texas, Amanda Little. When country superstar Tim McGraw released a song called "Everywhere" on an album of the same name, Plaintiff sued, alleging McGraw copied Plaintiff's song in his composition, requesting relief under copyright and trademark, requesting declaratory judgment, damages, and equitable remedies. Plaintiff argued McGraw had access to Plaintiff's song because another recording artist had used another of Plaintiff's song on an album recorded at the studio where McGraw recorded "Everywhere." Plaintiff unsuccessfully sought a "gag order" (though he didn't call it that) preventing McGraw from speaking to the media about the case, after McGraw responded to questions by media outlet TMZ.com. The court found this request outlandish. Further, the whole case was disposed of on McGraw's summary judgment. The declaratory judgment of infringement was not yet ripe, and, further, Plaintiff's alleged proof of "access" was tenous and insufficient, and no evidence of substantial similarity between the songs was provided. McGraw was victorious on all counts. - LSW

Legal Issues
Copyrights Infringement Copying & Distribution/Dissemination
    Extraterritoriality/International Law
  Ownership Declaratory Judgment
General Equitable Remedies Accounting
Trademarks & Unfair Competition Federal (Lanham Act) Unfair Competition, False Advertising & Related Torts


Opinions Martinez v. McGraw
2009 WL 1311018
M.D. Tennessee , May 07, 2009 ( No. 3:08-0738 )


Martinez v. McGraw
2009 WL 2447611
M.D. Tennessee , August 10, 2009 ( No. 3:08-0738 )


Martinez v. McGraw
2010 WL 1493846
M.D. Tennessee , April 14, 2010 ( No. 3:08-0738 )


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Related Searches Parties
Artist(s) ( Plaintiff )
Curb Records ( Defendant )
Gallimore, Byron ( Defendant )
McGraw, Tim ( Defendant )
Music Publisher(s) ( Defendant )
Stroud, James ( Defendant )
Wiseman, Craig ( Defendant )

Legal Issues
Copyrights / Infringement / Copying & Distribution/Dissemination
Copyrights / Infringement / Extraterritoriality/International Law
Copyrights / Ownership / Declaratory Judgment
General / Equitable Remedies / Accounting
Trademarks & Unfair Competition / Federal (Lanham Act) / Unfair Competition, False Advertising & Related Torts

Courts
M.D. Tennessee (highest court)


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