A federal court has dismissed six of the seven claims brought by the singer Astrud Gilberto relating to the use of her recording of “The Girl From Ipanema” in a television advertisement. Astrud Oliveira a.k.a. Astrud Gilberto v. Frito-Lay Inc. et al., 96 Civ 9289, U.S. District Court for the Southern District of New York (Jan. 15, 1999). It left standing plaintiff’s claim of false implied endorsement under �43a) of the Lanham Act.
In 1964 Gilberto recorded “The Girl From Ipanema” without having a contract or formal agreement with the producers or the record company. The song was released on an album and as a single and was the recipient of a Grammy award. It is estimated that more than 27 million copies of the recording have been sold throughout the world and it is available on a Polygram label.
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