TRADE RESTRAINTS- EQUITABLE SERVITUDE ON CHATTELS - RADIO BROADCAST OF ELECTRICAL TRANSCRIPTIONS

A popular orchestra leader made certain electrical transcriptions (not records) of unique interpretations of different musical numbers which were distributed, for a consideration, for radio broadcast on the Ford Motor Program. A notice appears on the transcription that it is to be used only by a distributee station and then only on the Ford Program. Defendant, who is not a distributee, broadcast one of these transcriptions without the plaintiff's consent. Plaintiff sued to enjoin rendition of the transcriptions.

Held, that the injunction should be granted because there was a proprietary interest in the plaintiff's rendition of these musical numbers, and because there was a restriction on the use of the transcriptions in the nature of an equitable servitude. Waring v. Dunlea, (D. C. N. C. 1939) 26 F. Supp. 338.